Columbus, Ohio Civil Asset Forfeiture Assistance

Understanding Your Rights with Youngstown Criminal Law Group

If you have an encounter with law enforcement or federal agents in Columbus, OH, your property could be at risk under Ohio’s civil asset forfeiture laws. These statutes permit the government to permanently take your assets if they are linked to criminal activities.

Your first line of defense is understanding your rights. At Youngstown Criminal Law Group, our skilled team has a strong track record across Ohio, handling numerous criminal cases and earning many accolades. We are here to explain your legal options and guide you through the process of recovering your property.

Why Choose Youngstown Criminal Law Group?

Personalized Legal Guidance

We know the complexities of fighting to get your property back from civil asset forfeiture. This type of legal action is different from a criminal case; because the lawsuit is filed against your property itself, not you, the state will not appoint a lawyer for you. It’s vital to secure representation from experienced legal professionals. Having a knowledgeable Columbus federal criminal lawyer from our group on your side can make all the difference.

How Youngstown Criminal Law Group Can Help

Our group provides a customized defense strategy to give you the best chance of success:

• In-Depth Forfeiture Law Knowledge: We will explain the Ohio Revised Code concerning forfeiture so you can make empowered, informed decisions about your case.
• Strategic Legal Representation: Our team of Ohio federal crimes attorneys is composed of former public defenders and prosecutors, giving us a unique perspective and allowing us to build a proactive strategy to protect your assets.
• Comprehensive Support: We manage the entire process, from notifying you of the state’s intent to pursue forfeiture to handling the complex legal procedures and deadlines. We are with you at every turn.
• Protecting Your Rights: Our Columbus criminal attorneys use their extensive legal knowledge to ensure authorities do not overstep their bounds during the forfeiture process. An Ohio federal crimes attorney from our team will diligently safeguard your rights.

Ready to Take the Next Step?

If your property has been seized and you’re facing forfeiture in Columbus, Ohio, don’t go through this difficult time alone. Contact Youngstown Criminal Law Group today at (330) 992-3036 for a free case evaluation. Our dedicated Ohio federal crimes attorney is ready to fight tirelessly to help you recover your property.

Defending Against Civil Asset Forfeiture in Ohio

Navigating the challenging landscape of civil asset forfeiture in Ohio can be overwhelming. Our legal team is prepared to guide you through the system, understanding the frustration and feeling of loss that comes with having your personal property taken. While recovering your assets is a tough battle, we have effective strategies to assist in their recovery.

Key Defenses Against Asset Forfeiture

Your Innocence

Your Property’s Legitimacy

If no crime occurred, your property cannot be classified as either proceeds from or instrumental to a crime.

Proportionality

Fairness in Value

The Ohio Revised Code states that a forfeiture is unlawful if the seized property’s value is grossly disproportionate to the severity of the alleged crime. A Columbus federal criminal lawyer can argue this point on your behalf.

Procedural Violations

Deadline and Process Adherence

We can contest the forfeiture if we find that law enforcement or prosecutors did not adhere to the strict legal processes and deadlines required by law.

Illegal Search and Seizure

Protecting Your Rights

If authorities violated your rights during a search and seizure, Columbus federal criminal lawyer can use that constitutional breach to protect your property.

Resources for Understanding Civil Asset Forfeitures in Ohio

Financial Crimes Enforcement Network (FinCEN)

You can visit the FinCEN website to download FinCEN Form 105. This form is essential for declaring cash or monetary instruments exceeding $10,000 when traveling internationally. You must submit this form to U.S. Customs and Border Protection.

U.S. Customs and Border Protection (CBP) Information Center

The CBP Information Center provides helpful guidance on carrying large sums of currency across international borders. It is your right to carry any amount of money, as long as it is properly reported. This includes making a joint declaration if a group you are traveling with is collectively carrying over $10,000. An experienced Ohio federal crimes attorney can help you understand these regulations.

Ohio Supreme Court – State v. Lilliock

The State v. Lilliock decision is a key reference, where the Ohio Supreme Court underscored that forfeiture statutes must be interpreted strictly due to their significant impact on private property rights. The case, involving William R. Lilliock, demonstrates the court’s position against favoring forfeitures without clear legal justification.

The Institute for Justice “Policing for Profit” Report

This report from the Institute for Justice provides a critical look at government seizure practices and how seized properties are managed. The analysis gave Ohio’s forfeiture laws a “D-” score, highlighting significant areas needing reform.

FAQs About Civil Asset Forfeiture in Ohio

Q. What Assets Can Be Seized in Asset Forfeiture?

A. If the government has reason to believe that property was used to facilitate a crime or was acquired through criminal means, federal agencies or law enforcement can seize a wide range of assets. This includes cash, firearms, drugs, vehicles, boats, and even homes.

Q. What Is the Difference Between Criminal and Civil Forfeiture?

A. Criminal forfeiture is part of a criminal prosecution against a defendant and is pursued only after a conviction is secured. In contrast, civil asset forfeiture is an “in rem” action, meaning it is brought against the property itself. It does not require the property owner to be charged with or convicted of a crime. A Columbus federal criminal lawyer can explain these differences in detail.

Q. What Is the Purpose of Civil Asset Forfeiture?

A. The stated goal of civil asset forfeiture is to deter criminal activity by imposing financial penalties. It also aims to provide a remedy to counteract the economic harm caused by crime. These laws attempt to balance punishment with the property owner’s rights against an unjust seizure.

Q. Can Police Take Your Possessions?

A. Yes. Law enforcement officers can seize your property if you are arrested or if they have a suspicion that the property was used in or resulted from criminal activity. They will provide you with a voucher that lists the seized items and later issue a formal notice of their intent to begin forfeiture action.

Q. How Can I Get My Seized Money Back?

A. Under Ohio Revised Code 2981, you can file a motion in the appropriate court to try to recover seized funds. This motion must detail your interest in the money, explain why the seizure was unlawful, and formally request its return. An Ohio federal crimes attorney can help you file this petition correctly.

Seeking Legal Assistance in Columbus for Civil Asset Forfeitures

The legal professionals at Youngstown Criminal Law Group are highly experienced in handling the challenges of property seizure and forfeiture. Columbus federal criminal lawyers are dedicated to advocating for your rights and will work diligently to secure the return of your property.

We can help with filing motions for property return and will manage all associated deadlines and litigation. It is important to know that it is your responsibility to obtain legal counsel; the court will not appoint a lawyer for you in a civil forfeiture case.

For a thorough case review and professional guidance on navigating Ohio’s complex seizure and forfeiture laws, contact Ohio federal crimes attorney at Youngstown Criminal Law Group at (330) 992-3036.