When charged with a crime, the state of Arizona can seize some of your possessions. This is especially true if those possessions were used in the commission of the crime, such as your vehicle being used when a DUI or DWI has been committed. However, anything can be seized depending upon the type of crime committed. The state can seize your home, property, vehicle, and even your money. Within a specific period of time, the government can then auction off your property if you have not taken action to get it back.
You can file a claim to have your property returned to you and you will need the help of your Phoenix criminal defense attorney to do this. The procedures and requirements are very specific, making it almost impossible for an individual to regain possession of their property without legal assistance. If you’ve been accused of a crime in Phoenix, Mesa, Glendale, Scottsdale or the surrounding area it is important to give Myles A. Schneider & Associates a call before talking to the police.
The Forfeiture Process
You do not even have to be charged with a crime to have your assets seized. A simple search warrant can put your property in the possession of the government. This is especially true if the court permits, via the warrant, that any property believed to be used in the commission of a crime can be seized. For example, an item can be seized if it is believed that funds obtained through criminal activity were used to purchase it.
If this happens to you, you need to file a claim to have your property returned to you. You will be given written notice by the state government of their intent to seize your assets. Myles A. Schneider & Associates, LTD can work with you in filling out your claim. Of course, you have to state your reasons as to why the property needs to be returned. The sooner this is done, the more likely you are to have your property returned, although this is not always guaranteed. There are a number of factors that come into play, such as whether you were charged with a crime, what the crime was, and whether or not you were ultimately convicted of that crime. For instance, filing a claim to have money returned after being convicted of a drug crime will most likely result in that money not being returned, especially if it was found to be linked with the drug crime.
No Charges Necessary
As stated before, charges against you are not necessary to forfeit your property. Forfeiture is treated as a civil matter. All a prosecutor has to do is state that it is more than likely the assets that were seized were obtained through criminal activity. It may seem quite easy for the government to seize your property and, for many individuals, they ask why they need an attorney if it is so easy for the government to do.
The fact is that, while your property can be taken easily, taking it back is not always possible without an attorney. Your attorney can make a number of arguments on your behalf as to why the property needs to be returned. Many times these arguments are successful. You are most likely stressed and upset over the forfeiture of your property, but your attorney can handle your situation in a calm and careful manner so that you can have back what is rightfully yours.
Phoenix Forfeiture Attorney
If your assets have been seized, you need to work toward getting them back as soon as possible. Many times, assets are needlessly forfeited and you need to fight back for what is rightfully yours. To work toward regaining what is rightfully yours, contact us today at 602-926-7373 or complete the contact form on this page for your free case evaluation.
Have you been charged with a crime? Get in touch with a qualified and professional Arizona Criminal Defense Lawyer as soon as possible to discuss your case! Our legal experts will fight for your rights and you will get you justice you deserve.