Steps to Take If You’re Facing Civil Asset Forfeiture in Washington State
Civil asset forfeiture is a legal process that allows law enforcement to seize property believed to be connected to criminal activity, even without filing criminal charges. In Washington State, understanding this complex system and taking swift action is essential if you hope to recover your assets.
Responding to the Notice of Seizure
When the government seizes property, they are required to send a Notice of Seizure and Intent to Forfeit. This document informs you of the property taken and your right to contest the forfeiture. In Washington, the timeline to respond is often 45 days from the date you receive the notice. If you miss this deadline, the state can take ownership of your property without further hearings or court proceedings.
The first step is to file a claim of ownership with the agency that seized the property. This formal document states that you own the asset and believe it was wrongly taken. Filing the claim triggers your right to a hearing where you can contest the government’s case.
Building a Strong Case with Documentation
Once your claim is filed, it’s time to gather evidence to support your case. In civil forfeiture, the burden often shifts to the owner to prove that the seized property was not involved in criminal activity. Key pieces of evidence include:
- Receipts and bank statements showing the legal purchase or source of the property.
- Contracts or business records if the asset relates to a business transaction.
- Witness statements or other documents proving your lawful ownership.
The more documentation you provide, the better chance you have of disproving the government’s allegations.
Securing Legal Representation
Navigating the civil forfeiture process without a lawyer can be extremely challenging. The rules governing forfeiture vary by jurisdiction, and agencies handling these cases are often well-versed in complex procedures. An experienced attorney can help ensure that you meet all deadlines, follow the correct legal steps, and present a compelling case at your hearing. In some cases, legal counsel can negotiate with the seizing agency to reach a settlement before the matter goes to court.
Preparing for the Forfeiture Hearing
If the case proceeds to a forfeiture hearing, the state must prove by a preponderance of the evidence that the property is connected to illegal activity. This standard means that the government’s version of events must be more likely true than not. Although this is a lower burden than in criminal trials, it still offers you a chance to present evidence challenging the government’s case.
Your attorney can argue that the seizure was unjustified and demonstrate, through documentation and testimony, that the property has no connection to any illegal conduct. If successful, the judge may order the return of your property.
The Importance of Acting Quickly
In civil forfeiture cases, time is of the essence. Delay can result in lost opportunities to recover your property. Filing your claim promptly, gathering evidence early, and securing legal help are crucial steps to improving your odds of success. Additionally, acting swiftly can sometimes lead to early resolution through negotiations or settlement discussions with the agency involved.
Protect Your Rights with the Law Office of Erin Bradley McAleer
Civil asset forfeiture can feel overwhelming, especially when valuable property is on the line. At the Law Office of Erin Bradley McAleer, we have experience defending clients against unjust forfeitures. If your property has been seized, call us at (360) 334-6277 for a consultation. We’ll fight to protect your assets, defend your rights, and help you navigate this challenging process.
Don’t let the government take what belongs to you without a fight—contact us today!