When you are arrested for a drug or fraud/theft crime, the police will keep your car, your money and other personal property. They may also seize and come after your bank or investment accounts and even your home.
If the prosecutor decides to try and keep your property, a separate civil action called a Petition for Forfeiture will be filed. There are many defenses to forfeiture. The time limits and procedures for seeking forfeiture are strictly enforced. The 4th Amendment and the Exclusionary Rule applies to forfeiture cases if your property was seized as a result of an illegal search. The 8th Amendment Excessive Fines Clause of the Constitution also applies to forfeiture cases when the prosecutors are going too far.
The attorney at Houlon Berman have extensive experience handling forfeiture actions and have achieved excellent results in both Maryland State and Federal courts in defense of these cases. Whatever you do, don’t give up!
- On July 16, 2012