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Should You Fight a Civil Forfeiture Action?

November 6, 2012 by Kevin Mahoney

Boston Criminal Defense Attorney, Kevin J. Mahoney: Should you fight a civil forfeiture action?

There are pros and cons to fighting a civil forfeiture action when you are also fighting criminal charges or are the subject of a criminal investigation. For example, if you pursue the civil case, you may be entitled to obtain confidential reports and take sworn statements from investigating agents. On the other hand, you may be required to swear to certain facts and to answer questions under oath. This is significant because what you say and do in the civil case can be used against you in the criminal case. Before you vigorously challenge a forfeiture action, you should consult with a knowledgeable Boston criminal lawyer to ensure that you fully understand the risks and potential rewards of such a challenge.

Factors to Consider when Property Targeted for Forfeiture

  • Innocent third party. If you are an innocent third party whose property somehow got tangled up in a criminal matter, you may choose to litigate the forfeiture case to the fullest extent, without concern for any negative repercussions.
  • Hardship. If you need the seized property to operate your business, keep up your house, support your family, or compensate your attorney, a court can make available some property until the case is finally resolved. To establish a hardship, you must also persuade the court that you will not squander the property.
  • Damage to your criminal defense. Can you pursue the forfeiture action without hurting your defense in the criminal case? Remember that the prosecutor can use against you everything you allege in the forfeiture action. Your Boston criminal defense attorney can help you determine whether the legal and factual issues in the forfeiture case are sufficiently distinct from those in the criminal action, or relate to issues that are not subject to dispute in the criminal action. Tread carefully here. You do not want your conduct in the civil action to undermine your criminal defense.
  • Move plea negotiations forward. Will a vigorous challenge to the civil forfeiture action help you obtain a more satisfactory plea offer in the criminal case? In some cases, the prosecutor may be persuaded to make a more favorable offer, in order to resolve both the criminal action and the forfeiture action together. For example, upon conviction for certain crimes, the defendant may be ordered to make “restitution” to (i.e., to pay back) his victims. To avoid a prolonged fight on the forfeiture action, the prosecutor might agree to apply the seized assets toward restitution, if you agree to forfeit the assets.

Contact the Boston Drug Crimes Attorneys at the Mahoney Criminal Defense Group

As you can see from this brief overview, the relationship between a civil forfeiture case and a criminal case, especially a drug charge, is complicated and precarious. Before you take any action in the civil matter, you are well advised to consult with an experienced Boston criminal defense attorney. If you would like our counsel, please call (617) 492-0055 to schedule a free initial consultation.

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Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
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About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

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  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

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    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

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    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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