Forfeiture cases usually accompany criminal charges and are the State’s attempt to take your money or property. Forfeiture cases are the only cases where the law actually favors the defendant. Ohio courts have frequently stated that forfeiture is not favored by the law and therefore, the standard for the State to win a forfeiture case is high.
Forfeiture cases start when you are arrested for a crime and have money, guns, or other items of property in your possession, such as motor vehicles. The police then seize these items and will not release them back to you unless ordered by the court. Basically, the State has the right to take your money and property when they arrest you, but they don’t always have the right to keep it. That’s the most important thing to remember about Forfeiture cases.
The State must prove the money or property they are trying to take is either contraband, proceeds from a crime, or an instrumentality used to commit a crime. The State must also show the money or property is directly related to criminal activity and has no legitimate source.
Forfeiture cases are very complex and can have a major effect on you based on the amount of money taken by the State or the type of property. The State is very aggressive about forfeiture and will fight to take everything they can. Whether it is $100 or $100,000, the State will do whatever they can to take your money.
If you have received notice from the courts that the State is trying to take your money or property by way of a Forfeiture case, contact Kane Law Offices immediately to discuss your options and how we can help you get it back. There are time limits and if you do not respond in time the State will win by default.
Travis Kane has successfully defended many of his clients in the courts against the Petition for Forfeiture filed against them. He has been able to successfully argue that the government must return his client's money, cars, guns, and other personal items to them because the State did not have the right to seize them. Do not assume the State has the right to take your property. You have the right to a full hearing and to challenge the government for seizing your money and property.