Civil asset forfeiture, also known as property forfeiture, occurs when law enforcement confiscates property that is believed to be related to a crime. It shocks people to find out that the government will actively seek assets to seize in our state. Oklahoma has some of the harshest civil property laws in the country. That is, there is a relatively low bar for law enforcement in Oklahoma to seize and keep citizens’ assets. The reality is that in many forfeiture cases the government may not even bring charges but can still take your property from you.
What Assets Can Be Seized In An Asset Forfeiture In Oklahoma?
Almost anything can be seized in a civil asset forfeiture. The assets do not have to be used as evidence in a felony criminal proceeding to be seized in Oklahoma – it is enough that the police believe they are in some way connected to a crime.
Cash is perhaps the most commonly seized asset. Vehicles are also often seized, including cars, boats, or even tractors and airplanes. Drugs, drug paraphernalia, and dangerous substances are routinely seized – as you would guess, there is little to no chance of these items being returned. Weapons are very often seized as well.
Cell phones, computers, tablets, and laptops are often seized. Jewelry and artwork are other commonly seized assets. Even real property, such as houses, land, or buildings, may be seized.
What Types Of Crimes Can Lead To Civil Asset Forfeiture?
The most common types of cases that lead to civil asset forfeiture are drug cases. If the police suspect drug activity is going on, they may seize assets. Large amounts of cash are commonly seized with the claim that it is drug money.
As one might expect, theft is another type of case where assets are commonly seized. Any property believed to be stolen is likely to be seized by police.
Traffic stops are a time when assets are often seized. If large amounts of cash are found during a pat-down or a search of your car, the cash may be seized on the assumption that it was gained illegally.
The white-collar crime of money laundering is another crime often connected to asset forfeitures in Oklahoma. Assets may also be seized by police in Oklahoma and forfeited based on federal crimes.
Standard Of Proof In Civil Asset Forfeiture Cases In Oklahoma?
In Oklahoma, the standard of proof in a civil asset forfeiture case is a preponderance of the evidence. This means that it must only be more likely than not that the assets seized were related to a crime for the government to keep the assets. The burden is on you to prove your innocence if you want to get your assets back.
It is not required that the owner of the assets be convicted of a crime before the assets are seized. Even if you are acquitted, you likely will not be able to get your seized assets back.
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Once My Assets Have Been Seized, How Do I Get Them Back?
The unfortunate fact is that in many cases of asset forfeiture in Oklahoma, you will not be able to get your assets back. Once assets are seized, you will face an extreme uphill battle to reclaim them. If you have lost significant assets to asset forfeiture, you will want the assistance of an experienced attorney.
The attorneys at Tulsa Criminal Lawyers Law Firm are passionate about protecting our clients. We take civil asset forfeiture cases extremely seriously. We are dedicated and highly trained. If you are a victim of civil forfeiture, we are here to help. Call us at 918-416-0358 or contact us online here.