If a person commits a crime, he or she may face criminal prosecution, fines, jail time, and may even lose property due to the criminal act. In some cases, the state may claim property that has a direct relation to the criminal activity. The taking of property by the state is referred to as "criminal forfeiture, and the exact rules regarding such action is usually determined on a state-by-state basis.
Property that is used in the commission of a criminal act or is obtained through criminal activity may be subject to forfeiture. A common example of property that may be seized because of use in a crime may be a vehicle that was used in a robbery or vehicles used to transport drugs or illegal goods. In such cases, the state may take possession of the vehicle, impound it as evidence, and may eventually be able to sell it at auction.
If a person obtains property like a home or land with the funds from an illegal enterprise, law enforcement may seize the property and count it under forfeiture laws. Although the person may have never used the home to plan or execute crimes, the state may determine that the property was acquired with proceeds from the sale of drugs or other criminal enterprise. Much like vehicles, the property may eventually be sold by the state at auction.
It is important to note that some states may consider the act of drunk driving to be an offense worthy of criminal forfeiture. In a case that involves driving under the influence, the judge may determine that the vehicle should be forfeited due to the defendant's negligent actions.
Although some individuals may argue that their actions should not put their property at risk, it is not uncommon for the authorities to remove property if there is reasonable cause that it was used in the commission of a crime. Business owners suspected of using their business to conceal illegal activities, launder money, or "front" criminal enterprises may find their right to do business in that location taken away.
Criminal forfeiture may severely affect the family of the defendant. Family members may be completely unaware of the illegal actions committed by their family member, yet they may be subject to eviction and loss of personal belongings if the court finds that the possessions were purchased with proceeds from a crime. This may leave "innocent" family members without a place to live, transportation, and valuables that they did not know were gained through unlawful means.
If you have been accused of a crime, you have the right defend yourself in a court of law. In cases requiring criminal forfeiture, the state will often give the defendant notice of the property to be seized. If you would like to know more about forfeiture and criminal defense, visit the website of the Austin criminal defense attorney Ian Inglis.
Joseph Devine
No comments:
Post a Comment