Civil Asset Forfeiture in Washington

Civil asset forfeiture is a legal process that allows law enforcement agencies to seize property suspected of being connected to criminal activity. Unlike criminal forfeiture, which requires a conviction, civil forfeiture can occur without the property owner being charged with a crime. This controversial practice has sparked debates about due process and property rights. In Washington State, specific laws govern civil asset forfeiture, outlining how property can be seized and what steps owners can take to reclaim it.

How Does Civil Asset Forfeiture Work in Washington?

In Washington, law enforcement agencies can seize property if they believe it has been involved in criminal activity, such as drug trafficking, fraud, or money laundering. Commonly seized assets include cash, vehicles, real estate, and personal belongings. Once the property is taken, the government must provide notice to the owner, explaining the basis for the forfeiture.

Unlike criminal proceedings, where the state must prove guilt beyond a reasonable doubt, civil asset forfeiture cases require a lower burden of proof. In Washington, the government must show by a “preponderance of the evidence” that the property was used in or obtained through illegal means. This standard means that if it is more likely than not that the property is linked to a crime, forfeiture can proceed.

Contesting a Civil Asset Forfeiture

Property owners have the right to challenge a forfeiture by filing a claim within a specified timeframe, usually within 45 days of receiving notice. To contest the seizure, owners must:

  1. File a written claim stating their ownership and interest in the property.
  2. Provide evidence that the property was not used for or derived from illegal activity.
  3. Appear at a forfeiture hearing, where they can present their case before an administrative or judicial authority.

In some cases, owners can argue that they were “innocent owners,” meaning they had no knowledge of or involvement in the alleged criminal activity. If successful, the court may order the return of the property.

What Happens to Forfeited Property?

If the forfeiture is upheld, law enforcement agencies can retain, sell, or use the seized property. In Washington, a portion of the proceeds from forfeited assets is often used to fund law enforcement operations, including drug enforcement programs and equipment purchases. Critics argue that this creates a financial incentive for law enforcement to pursue forfeitures aggressively, sometimes at the expense of individuals’ rights.

Civil asset forfeiture has faced significant scrutiny, leading to legislative reforms in various states. Some lawmakers have pushed for stricter oversight, requiring a criminal conviction before forfeiture or increasing transparency in how forfeited assets are used. Washington has enacted some reforms, such as requiring more detailed reporting of forfeitures, but the debate over property rights versus law enforcement needs continues.

Understanding civil asset forfeiture in Washington is essential for anyone who may be affected by it. While law enforcement argues that the practice helps combat crime, critics highlight the potential for abuse and lack of due process protections. If your property has been seized, it is crucial to act quickly, understand your rights, and seek legal assistance to navigate the complex forfeiture process.

If you need help challenging a civil asset forfeiture case, contact the Law Office of Erin Bradley McAleer at (360) 334-6277 for a consultation.