Tucson Asset Forfeiture Attorney

Federal and Arizona Seized Asset Recovery

Cash seizures make up a majority of asset forfeiture cases, and can happen during traffic stops, at airports, at border crossings, and during execution of search warrants.

Has a government agency seized your cash, bank account, vehicle, merchandise, real or other property?  Getting your property back from law enforcement agencies can be difficult and troublesome, and it helps to have an experienced attorney on your side to protect your property interest.  Government agencies will seize assets, especially large quantities of cash without any evidence of wrongdoing.  Although the law requires the government to prove that seized property was used in or obtained by criminal activity, innocent property owners lack the experience and knowledge of the law to avoid falling victim to government takings.  Many people do not even seek to get their property back, and many more go about it the wrong way. 

If the government improperly took your hard earned money, we will work hard to get it back for you.  If we agree to take your case, our fee will be on a strictly contingency basis, meaning that you will not pay any fees unless we get your property back.  There may be strict deadlines involved, so contact us now to discuss your case.  Our consultations are free and no obligation.  520-585-5757.

FEDERAL ASSET FORFEITURE CLAIMS
Most of the major asset seizures in Tucson, and across Arizona, are conducted by federal agencies, or by local task forces working in conjunction with federal agencies.  The Drug Enforcement Administration ("DEA"), Federal Bureau of Investigation ("FBI"), Customs and Border Patrol ("CBP"), Bureau of Alcohol, Tobacco, and Firearms ("ATF"), conduct various operations specifically targeting asset seizures.  Typically, when property is seized, the seizing agency will issue a receipt.  Next, the seizing agency will have to send a notice of seizure to potential claimants (including the person from whose possession the property was taken, the owner of any building or vehicle in which the property was located, etc.).  A claimant has 30 days to file a claim upon receiving a notice of seizure.  If this claim is not properly executed, it will likely preclude recovering the property.  Filing the claim will start a legal process, and make the government show proof that the property is related to some crime.  If the government cannot make the necessary showing of proof, the property must be returned to its rightful owner.  Federal law permits civil asset forfeiture, meaning that the government does not need to prove a person is guilty of a crime (which requires proof beyond a reasonable doubt), and may simply meet a preponderance of evidence standard to keep seized assets.  As such, litigating asset forfeiture claims requires experience, knowledge of the law, and smart strategy.

• Example: Drew is pulled over on the 10 Freeway, and searched by Arizona State Troopers, working on a DEA joint task force, who find $50,000 in the trunk of their car.  Drew has committed no crime, but the money is his car is seized.  He is not arrested, but is issued a receipt for his cash.  A few weeks later, Drew, and his mother (legal owner of the car) get seizure notices in the mail regarding the seized cash.  Drew hires an attorney who files the appropriate paperwork.  After several months of case review and dealings with the United States Attorney's Office, Drew gets his money back, because the money was not related to any drugs or criminal activity, and the government could not prove that it was.  If Drew had made any technical or tactical mistakes, he could have relinquished his claim to the property, or worse, exposed himself to criminal investigation.

ARIZONA STATE ASSET FORFEITURE
**House Bill 2810 UPDATE: Arizona's asset forfeiture laws were amended in September 2021 to reflect major reforms, and this section has been amended**
(More about House Bill 2810)

Since 2021, Arizona's asset forfeiture laws have been modified to require a criminal conviction of the property owner before most property can be forfeited under state law. Additionally, the burden of proof is on the government to show by clear and convincing evidence that the property sought to be forfeited is related to criminal activity (previously, a lower standard, preponderance of the evidence was all that the state needed to prove). Property must also be returned within 60 days if the state does not pursue criminal charges or charges or dismissed (or if there is an acquittal at trial).

An unintended consequence of this asset forfeiture reform is that law enforcement at the state level have begun to focus investigations on crimes that are more likely to result in valuable property seizures, diverting investigative resources away from crimes that have a greater negative impact on our communities.

As with its criminal laws, Arizona long had some of the harshest asset forfeiture laws. In other words, Arizonans who had property taken by law enforcement agencies would have a harder time getting their property back than almost anywhere in the country.  State level agencies were seizing an average of over $25,000,000 each year. Further motivating such seizures, 100% of seized money went directly to law enforcement, most of it being spent on police salaries, overtime, and upgrading equipment. 

Arizona previously went through some asset forfeiture reforms in 2017, but these incremental changes have not slowed down unjustified seizures.  The way to protect yourself and your property, is to get a skilled, experienced, dedicated lawyer on your side.  Efforts to further reform Arizona asset forfeiture law are ongoing, but are heavily opposed by law enforcement agencies, police unions, district attorney's offices, and many politicians.  Further, even if Arizona law undergoes additional reforms, Federal law will still provide avenues to seize property without real evidence of a crime.

CRIMINAL FORFEITURE
In some cases, assets are seized in conjunction with an arrest and criminal charges.  This can happen in both state and federal court, and is especially common in Drug Trafficking Cases, Money Laundering Cases, Marijuana Cultivation, Weapons Cases, Federal Crimes, Fraud, Drug Smuggling and more.  Being charged with a crime already carries very serious potential consequences, including prison, fines, jail, probation, and life-altering criminal convictions.  If as part of those charges, property is seized, the consequences can be even further reaching.  Beating criminal charges, and handling the criminal case properly will also help to recover seized property.  It helps to have an attorney on your side who knows how to handle these procedures properly and give you the best chance to avoid criminal liability, and get your property back.

Forfeiture law, whether state or federal, criminal or civil, is complex and delicate.  If the government has seized your hard-earned, lawfully-obtained property, we can help you get it back.  Contact the Tucson Defenders today to discuss your asset seizure case, as well as any associated criminal charges.  We can discuss the details of your case, explain the process to get your property back, and answer any other questions you might have about the process.

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Arizona Forfeiture Statute (ARS 13-4305)
Pima County Superior Court
Arizona State Troopers
Tucson Police Department
Pima County Sheriff

Federal Forfeiture Statute (18 USC 981)
US DOJ Asset Forfeiture Manual
US District Court - Arizona (Tucson)
Drug Enforcement Administration
Federal Bureau of Investigation