Civil Asset Forfeiture Assistance in Mercer, PA

Understanding Your Rights with The Law Offices of Preston D. Branch

In Mercer, PA, an encounter with law enforcement or federal authorities can place your property at risk due to Pennsylvania’s civil asset forfeiture laws. If your assets are linked to alleged criminal activities, you could permanently lose them under these statutes.

Understanding your legal rights is the essential first step toward recovering your property. At The Law Offices of Preston D. Branch, our team has a strong track record of handling numerous criminal cases throughout Pennsylvania and has earned many accolades. A skilled Mercer criminal lawyer from our Logue Law Group is prepared to guide you through your legal options.

Why Choose The Law Offices of Preston D. Branch?

Personalized Legal Guidance

We recognize the complexities of fighting to get your property back from civil asset forfeiture. Unlike criminal proceedings, the state does not provide you with legal representation because the lawsuit targets your property directly, not you as an individual. It is crucial to have an experienced Mercer DUI lawyer like those at The Law Offices of Preston D. Branch supporting you.

How The Law Offices of Preston D. Branch Can Help

Our strategy is customized to give you the most robust defense possible:

• In-Depth Forfeiture Law Knowledge: We will provide a clear explanation of the Pennsylvania Statutes related to forfeiture, empowering you to make well-informed decisions. A knowledgeable Mercer criminal lawyer on your side is invaluable.
• Strategic Legal Representation: Our team includes former public defenders and prosecutors who bring a rich background of experience and a proactive approach to shield your assets from forfeiture.
• Comprehensive Support: From informing you about the state’s intent to forfeit your property to navigating the intricate legal procedures and deadlines, we support you at every stage.
• Protecting Your Rights: Our Mercer criminal attorneys use their broad legal expertise to ensure your rights are not violated during the forfeiture process. Having a professional Mercer DUI lawyer can make a significant difference.

Ready to Take the Next Step?

If your property has been seized and is facing forfeiture in Mercer, Pennsylvania, you don’t have to navigate this challenge alone. Contact The Law Offices of Preston D. Branch today for a complimentary case evaluation at 412.389.0805. Our dedicated team is committed to fighting tirelessly for the return of your property.

Defending Against Civil Asset Forfeiture in Pennsylvania

Navigating the confusing landscape of civil asset forfeiture in Pennsylvania can be overwhelming. Our legal team is here to assist you through this process, understanding the frustration and sense of loss you feel when your personal property is taken. While recovering your assets is difficult, a Mercer criminal lawyer can equip you with strategies to aid in their recovery.

Key Defenses Against Asset Forfeiture

Your Innocence

• Your Property’s Legitimacy: If no crime occurred, your property cannot be classified as proceeds from or instrumental to a crime.

Proportionality

• Fairness in Value: The Pennsylvania Statutes consider it unlawful if the value of seized property is excessively disproportionate to the crime in question. An experienced Mercer DUI lawyer can argue this point effectively.

Procedural Violations

• Deadline and Process Adherence: We can contest the forfeiture if law enforcement or prosecutors do not adhere to the correct legal procedures and deadlines.

Illegal Search and Seizure

• Protecting Your Rights: We will leverage any overreach by authorities in their search and seizure activities to protect your property rights.

Resources for Understanding Civil Asset Forfeitures in Pennsylvania

Financial Crimes Enforcement Network (FinCEN)

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

Check the CBP Information Center for advice on carrying large sums of currency or monetary instruments across international borders. It is your right to carry any amount, as long as it is properly reported. This includes a joint declaration if a group is collectively carrying more than $10,000. Your Mercer criminal lawyer can provide further clarification.

Pennsylvania Supreme Court – Commonwealth v. Lilliock

Referencing decisions similar to State v. Lilliock from Pennsylvania, Pennsylvania courts emphasize the strict interpretation of forfeiture statutes because of their significant impact on private property rights. Such cases illustrate the court’s general stance against favoring forfeitures without clear and compelling justification.

The Institute for Justice “Policing for Profit” Report

The Institute for Justice’s “Policing for Profit” report delivers a critical review of government seizure practices and the management of seized properties. Pennsylvania’s forfeiture laws received a C grade, indicating significant room for reform.

FAQs About Civil Asset Forfeiture in Pennsylvania

Q. What Assets Can Be Seized in Asset Forfeiture?

If the government has reason to believe that property was used to facilitate a crime or was acquired through criminal means, law enforcement or federal agencies can seize various items. These may include cash, firearms, drugs, vehicles, boats, homes, and other assets.

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

Criminal forfeiture is part of a criminal prosecution against a defendant and is pursued only after a conviction. Civil asset forfeiture, conversely, is an action taken directly against the property itself (an in rem action) and does not necessitate a criminal charge or conviction of the property owner.

Q. What Is the Purpose of Civil Asset Forfeiture?

Civil asset forfeiture is intended to deter criminal activity by creating economic penalties and offering remedies to counteract the financial harm caused by crime. These laws seek to balance punitive and remedial actions with the property owner’s rights against unjust seizure.

Q. Can Police Take Your Possessions?

Yes, law enforcement can seize your property during an arrest or if they suspect it was used in a crime or is the result of criminal activity. Officers will give you a voucher detailing the seized items and issue a notice of their intent to begin forfeiture proceedings.

Q. How Can I Get My Seized Money Back?

According to Pennsylvania law, you can try to recover seized funds by filing a petition in the appropriate court. This petition should detail your interest in the money, explain why the seizure was unlawful, and request its return. Consulting with a civil asset forfeiture Mercer criminal lawyer can help you correctly file this petition.

Seeking Legal Assistance in Mercer for Civil Asset Forfeitures

The legal professionals at The Law Offices of Preston D. Branch are highly experienced in the difficulties of property seizure and forfeiture. We are dedicated to defending your rights and working diligently to secure the return of your property.

We help with filing motions for property return and manage all associated deadlines and litigation. It is important to know that securing legal representation is your responsibility; the court will not appoint a Mercer DUI lawyer for you in a civil forfeiture case.For a thorough case review and expert guidance on navigating Pennsylvania’s seizure and forfeiture laws, contact The Law Offices of Preston D. Branch at 412.389.0805.