Super Lawyers 2022
PACDL
TOP 40
LEAD COUNSEL
National College for DUI Defense
Avvo Rating 10.0
NAOCDL

Seizure of Cash for Forfeiture by Ohio State Patrol in New Castle, OH

Need Help with Cash Seizure for Forfeiture in New Castle? Our Attorneys Are Here to Assist

At the Youngstown Criminal Law Group, we are known as one of the leading criminal defense teams in New Castle and the wider Ohio area. Our dedicated legal team, which includes skilled lawyers, paralegals, and investigators, is committed to fiercely protecting your rights and working tirelessly to get your money back.

Our Committed Team Is Ready to Assist You

Under the “Ohio Consolidated Statutes Title 42 § 5801,” if state troopers find a large amount of money in your possession or vehicle, they can confiscate it for forfeiture. They might suspect it’s connected to drug trafficking or money laundering. It is critical to act quickly to protect yourself and reclaim your funds before the state permanently takes ownership. A knowledgeable New Castle criminal lawyer can guide you through this process.

With a history of handling numerous similar cases, our legal team is highly familiar with the complexities of the criminal justice system. If you are facing a cash seizure for forfeiture and any related criminal charges, you are entitled to a strong defense. Contact the Youngstown Criminal Law Group immediately for a complimentary consultation at (330) 992-3036—the sooner you call, the faster we can step in to help you.

Our legal expertise as a New Castle DUI lawyer covers both state and federal laws related to seizure for forfeiture. Our main goal is to help clients recover their seized cash and assets.

Understanding Cash Seizure for Forfeiture by Ohio State Patrol

Civil asset forfeiture laws give law enforcement agencies, like the Ohio State Patrol, the power to seize cash, property, or assets they believe are linked to criminal acts. The goal of this practice is to disrupt drug traffickers, money launderers, and other criminals by taking away their operational funds.

Unfortunately, this focused seizure of cash can sometimes trap innocent people in the complicated criminal justice system. The responsibility to prove that your cash is not connected to any illegal activity rests on you. If you fail to build a strong defense, law enforcement or the local government could end up keeping your money permanently. A New Castle DUI lawyer with experience in these matters can be a valuable ally.

Law Enforcement’s Right to Seize Cash and Other Assets

In addition to cash, the Ohio State Patrol and other New Castle law enforcement agencies can seize other types of assets if they suspect involvement or origins in criminal activity. These assets can include:

  • Residential properties, such as houses, condos, vacation homes, and land
  • Vehicles like cars, boats, motorcycles, and RVs
  • Personal items, including jewelry, watches, antiques, and furs
  • Art pieces
  • Financial assets, such as stocks, bonds, and annuities

Once the Ohio State Patrol seizes your property, getting it back can be a difficult challenge. The state can keep your cash permanently without a criminal prosecution if it totals more than $1,000. Money from the sale of seized cash and property often goes toward the budgets of state law enforcement agencies, including the Ohio State Patrol. It’s wise to consult a New Castle criminal lawyer early on.

Understanding Cash Seizure Procedures by the Ohio State Patrol

Cash seizures frequently happen during what may seem like a routine traffic stop. If an officer sees a large amount of money in your car, they might ask where it came from and its intended use. If your cash is seized, the best approach is to stay calm and consult with an experienced New Castle criminal lawyer specializing in seizure for forfeiture cases to protect your rights.

Legislation Governing Cash Seizure in Ohio

Under Ohio law, the state must have “clear and convincing evidence” to forfeit property. They can’t seize cash or other assets unless there’s a strong link to a crime. However, the state is allowed to hold onto the cash for several reasons, such as:

  • Using it as evidence in a case
  • Declaring it as contraband
  • Keeping it for safekeeping purposes

The confiscated cash is typically transferred to a specific unit within a set timeframe. After this, you should receive a receipt for your money. If you succeed in reclaiming your funds, you will need this voucher and a valid ID to get your cash back. A New Castle DUI lawyer can help ensure all procedures are followed correctly.

The Fate of Your Seized Money

Money from seizures can be used for various programs, which may include:

  • Funding law enforcement agency budgets
  • Supporting investigative efforts
  • Purchasing new equipment
  • Making restitution payments to victims of crime
  • Contributing to prosecutorial budgets
  • Financing drug education and prevention programs
  • Enhancing local school budgets

Forfeiture laws allow the government to keep or sell seized cash and property, using the money for these purposes or to destroy illegal items like marijuana crops.

Proving the Case for Cash Forfeiture

Before your cash is permanently forfeited, prosecutors must provide substantial evidence showing the money was involved in or intended for criminal activities. This evidence must meet the “clear and convincing evidence” standard, which is a high bar of proof in civil cases.

How Your Cash Could Be Seized

The Ohio State Patrol, as defined in state law, has jurisdiction on all public roads in Ohio and on state-owned properties. Its primary duties include:

  • Reducing accident rates on Ohio’s roads
  • Assisting other law enforcement agencies
  • Providing security for the Governor and other officials
  • Collecting evidence of criminal activities on state lands
  • Offering traffic services during emergencies

With a large force of sworn officers and support staff, the Ohio State Patrol is a key division of the Department of Public Safety, responsible for maintaining safety and enforcing the law. A New Castle criminal lawyer can challenge their actions if they overstep their authority.

Defending Against Cash Seizure Forfeitures

If the Ohio State Patrol has seized your cash, the Youngstown Criminal Law Group can create a defense strategy based on the details of your case. We can challenge various aspects, such as:

  • The legality of the traffic stop itself
  • The constitutionality of the search and seizure
  • The legitimacy of questioning or interrogation methods
  • The validity of any search warrants
  • The admissibility of evidence, particularly if it relies on hearsay or is circumstantial

A defense might also involve proving the cash was mixed with assets from a spouse who was unaware of any illegal activities.

Investigating Your Case Thoroughly

A vital part of defending your right to your money is a detailed investigation into the circumstances of the seizure. A New Castle DUI lawyer might investigate questions like:

  • The specific details of when and where your property was seized
  • Proof of true ownership or identification of the actual owner
  • The legitimate source of the cash, for example, winnings from a casino
  • The reason for carrying a large amount of cash
  • Whether you gave consent for a search by law enforcement
  • Witness statements that support your side of the story
  • Potential profiling by police based on race, national origin, gender, etc.
  • Details of any police interviews and whether your rights were respected
  • Any instances of excessive force or harassment by police during questioning

It is crucial to remember your right to remain silent and to speak with an attorney before answering police questions. Early responses can make it harder to reclaim your cash in a forfeiture hearing.

For more detailed information on the legal rules surrounding cash seizures for forfeiture, you can refer to the Ohio Consolidated Statutes, which outline the procedures and your rights as a citizen. A New Castle criminal lawyer can help interpret these complex laws for you.

Cash Seizure FAQs by Ohio State Patrol

Q. What amount of cash is considered suspicious by Ohio State Patrol troopers?

Any amount of cash could be seen as suspicious, depending on the officer’s discretion. However, U.S. Customs and Border Protection requires travelers to declare $10,000 or more in cash when entering or leaving the country.

Q. I had $8,000 cash seized by the Ohio State Patrol after a night at the casino. Can I get it back?

Ohio law has specific rules about seized amounts. You should consider getting a receipt or other proof from the casino showing that you won the money there.

Q. Do the police need a warrant to search my vehicle?

Police may not always need a warrant to search your vehicle if they have probable cause to believe the money was used or is intended for use in a crime.

Q. What happens to the money that is seized?

All seized cash, property, and assets are typically used for law enforcement purposes, drug education programs, and other civil initiatives that benefit the public.

Q. Can I represent myself in a forfeiture hearing?

While you are not required to have legal representation, the state will be represented by experienced prosecutors. Having a New Castle DUI lawyer who understands these cases can significantly improve your chances of a favorable outcome.

Understanding Your Rights After a Cash Seizure in New Castle, Ohio

If the Ohio State Patrol in New Castle has seized your cash under forfeiture laws, it is essential to know you have rights that must be fiercely defended. The legal team at our team is here to give you the assistance you need for your case, but you must take the first step and contact us for a free consultation.

Here’s why contacting the Youngstown Criminal Law Group is your best next move:

  • Expert Legal Support: Our team of New Castle criminal lawyers is fully prepared to provide the support you need to achieve the best possible outcome.
  • Complimentary Consultation: Call (330) 992-3036 to schedule a free, no-obligation consultation today.

Take Action to Protect Your Rights

Under Ohio law, individuals facing cash seizures have the right to legal representation to challenge the forfeiture. Acting quickly can have a major impact on the success of your case.

How We Can Help:

  • Navigating Ohio’s Forfeiture Laws: Our New Castle DUI lawyers are well-versed in the complexities of state law and how it applies to your situation.
  • Tailored Legal Strategies: We develop strategies that are customized to the specifics of your case, aiming for the best possible results.

Ready to Assist You

The team of New Castle DUI lawyers at the Youngstown Criminal Law Group is dedicated to providing strong legal services to protect your rights and help you recover your assets. Do not hesitate to reach out and take the first step toward reclaiming what is rightfully yours.

Contact Us Now for a Free Consultation

Your fight against cash seizure for forfeiture in New Castle is not one you have to face alone. With the right legal guidance, you can navigate this difficult time with confidence. Call New Castle criminal lawyer at (330) 992-3036 for a free consultation that could make all the difference in your case.

Client Reviews

Mr. Logue came to me for my consultation, which was nice! He helped me better understand my situation so I could weigh my options. He kept me updated on any new information about my case, and I could always easily contact him if I had any questions. I knew I was in good hands, and I got the best...

Former Client

"He always answers his phone, day or night and he understands the law better than anyone. He always answers my calls for both corporate and personal legal decisions and I have a ton of questions." Mr. Logue is good for one reason, he cares. A client is not a quick buck. His rates are reasonable too...

Former Client

"I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them." I am happy to be able to share this information with everyone. Mr. Logue gave attention to our problem immediately and resolved the issue for us quickly. He is an attorney who is respected...

Former Client

Get in Touch

Fill out the contact form or call us at (330) 992-3036
to schedule your free consultation.
  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Highly Rated Super Lawyer

Leave Us a Message

I would like to receive text messages from Youngstown Criminal Law Group.