If you have been accused of a criminal offense in Boston and you own property or assets of value, you could stand to lose those assets as a result of the state or federal forfeiture laws. Most people are shocked to find out how easily the government can take your property without compensating you. The state and federal forfeiture laws are complex and often vague; however, there are some basics about forfeiture that you should be aware of if you are ever accused of a criminal offense.
Forfeiture is a civil action that can stem from a criminal prosecution. It is important to understand that although the alleged basis of the forfeiture action is criminal activity, the actual forfeiture proceeding is a civil matter. This means that the burden of proof is significantly less than in a criminal prosecution.
For the government to forfeit your property it must show that the property in question is related to criminal activity and that the law allows for the forfeiture thereof. The relationship test is usually satisfied by alleging that the property was purchased with the proceeds of criminal activity. If that doesn’t work the government may claim that the property was instrumental in the crime or facilitated the crime. The government is often given wide latitude when making these claims. A vehicle, for example, that was used to drive to a store to purchase scales that were later used to weight drugs could be forfeited on the basis that it “facilitated” the criminal offense of drug trafficking.
The government must also show that the law allows forfeiture for the crime in question. Asset forfeiture was originally used primarily in drug offense cases; however, the Civil Asset Forfeiture Reform Act, or CAFRA, of 2000 now allows forfeiture for a long list of criminal offenses.
You do not have to be convicted of a criminal offense to face civil forfeiture in Boston. In fact, you don’t have to be formally charged with a crime at all to find yourself facing asset forfeiture. If you receive notice that either the state or federal government has filed a forfeiture action against you it is imperative that you consult with a Boston criminal defense attorney immediately. Failing to respond to the notice of forfeiture will eventually result in the loss of the assets in question because you failed to contest the forfeiture.
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