Understanding Property Seizures and Forfeiture in New Castle, OH

An Overview of Civil Asset Forfeiture

In New Castle, OH, law enforcement agencies are permitted to take your property—such as your house, car, or money—if you are arrested, charged, or even just suspected of being involved in illegal activities. This initial action is called a seizure. Following this, forfeiture, which is also known as the seizure of assets through civil forfeiture or civil judicial forfeiture, is the process where the government takes permanent ownership of your property without paying you for it. Even if you are never formally prosecuted for a crime, your property can still be forfeited.

Youngstown Criminal Law Group’s Expertise in Criminal Defense

Youngstown Criminal Law Group is recognized for its impressive success in criminal defense, handling a wide range of cases. Our legal professionals have received many awards for defending clients accused of drug-related crimes, violent offenses, and other serious charges. Our founder, New Castle DUI lawyer Sean Logue, brings a personal perspective to the difficulties our clients face within the justice system. After his own experiences with aggressive police tactics as a young man, he is deeply committed to fighting for those accused of crimes, which includes handling issues related to property seizure, forfeiture, and various criminal offenses.

How a Police Seizure and Forfeiture Attorney Can Assist

Unfortunately, police seizures for forfeiture happen frequently in New Castle, Ohio. Once your assets are tied to a criminal investigation, getting them back can be a very challenging process. If you find yourself accused, arrested, or charged with a crime that leads to the seizure of your property, you should contact Youngstown Criminal Law Group at (330) 992-3036 for a free consultation. Having a strong legal advocate on your side is essential. Our team is ready to help, and a skilled New Castle criminal lawyer can make all the difference.

A Deeper Dive into Seizures for Forfeiture by Police in New Castle

When investigating serious crimes like violent offenses, drug trafficking, gang activities, or money laundering, police often use property seizures and asset forfeitures. While we respect the law enforcement community in New Castle and understand that seizure and forfeiture are intended to deter crime, New Castle DUI lawyers also know that these aggressive tactics can cause significant financial harm to innocent people.

Ohio’s asset forfeiture laws, detailed in the Ohio Revised Code 2981.01, permit police to confiscate property or assets connected to criminal acts. Under these statutes, the state does not have to prove you were directly involved in or even aware of the criminal activity. A simple connection to a crime can be enough for you to lose your property without any compensation. This is where a New Castle criminal lawyer becomes invaluable.

Understanding Police Seizure and Forfeiture Procedures

Figuring out the complex rules around law enforcement’s power to take and keep your property can be overwhelming. Here, we clarify the essential aspects of why and how police might confiscate your assets, with a focus on Ohio’s legal framework.

Reasons for Police Confiscation

Police may seize your property for several reasons, including:

• Safekeeping: To protect your possessions.
• Evidence: To be used as proof in a court case.
• Contraband: If the items themselves are illegal to own.
• Forfeiture: To permanently take your property from you without payment.

Generally, the law requires a judge’s order for a seizure. However, police can sometimes act without one in specific situations, such as:

• When it’s connected to a lawful arrest or part of a search warrant execution.
• During a regulatory check for health and safety reasons.
• If the item was missed during a previous seizure but should have been taken.
• When there is a strong reason to believe the property is a risk to health or safety.
• If there is a reasonable suspicion that the property is being used or will be used in a crime.

The standard of evidence needed for law enforcement to seize property is not extremely high, which is why a New Castle DUI lawyer can be crucial.

Legal Actions After Seizure for Forfeiture

If your assets are seized by state or local police in Ohio, the local New Castle DUI lawyer’s office will start a legal process to make the confiscation permanent.

You will receive a notification about this legal action, and you will have two options:

1. Do nothing, which results in forfeiting your property.
2. Challenge the seizure in court.

Choosing to fight the seizure without a lawyer means you will have to go up against the prosecutor’s legal knowledge, which is a difficult challenge for most people.

Evidence Standards for Police Seizures

According to the “Ohio Revised Code 2981.05,” the standard for a legitimate seizure is “a preponderance of the evidence.” This standard is lower than “beyond a reasonable doubt” and means the police only need to be slightly more than 50% certain that your property was connected to a crime.

Types of evidence can include:

• Photos or videos that link you or your property to a crime.
• Testimony about your involvement in or knowledge of a crime.
• The belief that the property is illegal (contraband) or essential for a criminal trial.

The concept that police can take your assets without you being directly involved in a crime can be very unsettling, making a New Castle criminal lawyer a necessary ally.

Who Is Authorized to Seize Your Property?

In Ohio, several federal agencies also have the authority to enforce forfeiture laws, including:

• Federal Bureau of Investigation (FBI)
• U.S. Department of Justice (DOJ)
• Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
• United States Attorneys’ Offices (USAOs)
• Drug Enforcement Administration (DEA)

Ohio’s laws are unique because they require property owners to prove their assets were not used for illegal purposes, which can be a difficult situation, even when no criminal charges are filed. This guide aims to clarify the process and rights related to police seizures and forfeitures, especially under Ohio law, offering guidance for those facing these challenges. A knowledgeable New Castle DUI lawyer can provide essential support.

Understanding Property Seizures and Forfeiture Laws in Ohio

Introduction to Recovering Seized Property

When police take your property because they suspect it’s linked to illegal activity, they don’t need to be completely sure to do so. Unfortunately, mistakes in identifying people and procedural errors can happen. If you are in this situation, it is vital to take steps to get your belongings or assets back.

Strategies for Reclaiming Your Property

A New Castle criminal lawyer from Youngstown Criminal Law Group can use several defenses on your behalf, such as:

• Mistaken Identity: Arguing that you were wrongly identified as being involved in criminal acts.
• Timing of Property Acquisition: Showing that the property was acquired before the alleged crime occurred.
• Innocent Ownership: Stating that you did not know the property was being used for illegal activities.
• Domestic Violence Victims: Asserting that your status as a domestic violence victim made it impossible for you to stop or report the crime connected to the property.

If your assets are seized as part of an investigation, you will not be able to access them until the legal proceedings are finished.

Notification and Recovery Process

The police department or agency responsible must notify you in writing of their plan to pursue forfeiture of your property. This notice gives you the opportunity to begin the recovery process, where a New Castle DUI lawyer can help you navigate the complicated seizure and forfeiture laws.

Procedures for Retrieving Seized Items

Getting your property back involves different procedures depending on why it was seized.

• Post-Arrest Recovery: If you are arrested, you will get a voucher listing the seized items. You can present this with your ID to get your property back.
• Evidence Holding: Items held as evidence may be kept until the case is over. However, you might be able to get photographs or photocopies to help with earlier recovery.
• Contraband Issues: To claim contraband, you must prove you own it lawfully to have it returned.
• Formal Hearings for Forfeiture: For seizures related to state or federal law, you must attend a hearing to argue for the return of your items.

Youngstown Criminal Law Group has the knowledge and resources to fight vigorously for the recovery of your property or assets with the help of a New Castle criminal lawyer.

Useful Resources and Legal Codes

Ohio Revised Code References:

• Civil Forfeiture Action (Ohio Rev. Code Ann. § 2981.05(D)): This law permits individuals to ask the court to release seized property by filing a petition. The petition should describe the owner’s interest, challenge the legality of the seizure, and request the property’s return. A hearing is then scheduled within 21 days.
• Reporting Requirements (Ohio Rev. Code Ann. §§ 2981.03(G), 2981.11(B)): This section outlines the mandatory reporting on property seized by law enforcement, including details on how it was acquired, its description, and its disposal.
• Forfeiture Land Sales (Ohio Rev. Code § 5723): This code details the legal and financial rules for managing land sales after forfeiture.

Local Legal Resources:

• Coshocton County Prosecuting Attorney: This office handles asset seizure and forfeiture cases each year through a specialized unit.
• Ohio Public Defender’s Office: This office provides a broad collection of forfeiture-related laws, especially concerning drug offenses, immigration, juvenile cases, and more.

FAQs on Property Seizures and Forfeitures in Ohio

What happens if my property is seized?

If your property is taken by local or state police, they must file paperwork with the District New Castle DUI lawyer in that county. You will receive a written notice by mail about the legal action for forfeiture. It is up to you to defend your ownership rights; otherwise, the state may keep your property permanently.

Do police need a warrant to seize my property or assets?

Police can seize property they find during a lawful search if they have probable cause.

Do I have to be charged with a crime to lose my property to forfeiture?

Many people who are victims of seizures for forfeiture are never charged with a crime.

What defenses can be used to challenge a forfeiture?

You can argue for your property’s return for several reasons, such as acquiring it before the alleged crime, being an innocent owner who was unaware of its use in a crime, or the police lacking probable cause.

Do I have the right to hire an attorney to help get my property back?

Yes, you can hire a New Castle criminal lawyer of your choice to argue your case against the state.

What happens to the property and assets kept by the police?

Property like boats, cars, and real estate can be sold, and the money from the sale goes to the law enforcement agency.

How much money do police make from forfeitures?

The Institute for Justice reports that Ohio law enforcement generated over $25 million from 2010 to 2012 in forfeiture revenue.

Legal Help for Seizures and Forfeiture in New Castle

When the authorities take your property, knowing what to do next can be confusing. Youngstown Criminal Law Group is ready to help if your personal or real property has been seized. With a deep understanding of Ohio’s forfeiture laws and a strong history of representing a wide range of clients, our team of New Castle criminal lawyers treats each case with the respect and understanding it requires.

Schedule a Free Consultation Today

If you are dealing with property seizure or forfeiture, Youngstown Criminal Law Group is here to assist you. Contact us at (330) 992-3036 for a free consultation to discuss your options with our expert New Castle DUI lawyer.