When you have been charged with a drug crime, the consequences can be severe. Contact our firm today to schedule a consultation with an attorney who will guide you through this complex area of law and respond aggressively to secure a timely, cost-effective conclusion to your legal problem.
More Detailed Information on Drug Charges and the Law
At the Schoenig Law Firm, LLC, we are aware of the difficulties that people accused of drug crimes are going through. They call our lawyer, Erica Schoenig, with fear and trepidation about what could potentially happen to their lives and their freedom.
Our firm offers free initial consultations arranged at your convenience to talk about your case and to learn how we can provide you with a strong criminal defense.
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Below is some general information about drug crimes and criminal law.
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Contact an Experienced Criminal Defense Lawyer
If you have been accused of possession of marijuana, cocaine or any other drug, do not defend yourself on your own. If you think you are being set up by a confidential informant or undercover police officer it is important to seek the advice of an attorney as quickly as possible. Allow an experienced attorney to protect your rights and provide you with a strong, knowledgeable and vigorous defense. Call criminal defense lawyer Erica Schoenig, in Olathe, Kansas, at 888-870-5550 or 913-440-0843 or contact us online to arrange a free initial consultation about your defense.
Do Not Wait Until It Is Too Late — Contact Our Law Firm Today
If you believe the police have been building a case against you with the help of a confidential informant or undercover police officer you can start asserting and protecting your rights today with the help of a lawyer. The police may be coming to your door to try to talk to you about their investigation or preparing to serve a search warrant on your residence. It may be a good idea to retain an attorney before the police arrest you. It is also important to retain an attorney as soon as possible after your arrest in order to obtain a well-prepared and supportive criminal defense representation Contact our Olathe, Kansas, law office by e-mail or by calling 888-870-5550 or 913-440-0843 to arrange a free initial consultation about your defense.
Criminal and Civil Forfeiture
Forfeiture is the government seizure of property connected to illegal activity. Utilized by the federal and state law enforcement in the ongoing "war on drugs," the practice has not been without controversy. Law enforcement has asserted that it is a necessary and effective deterrent to drug crime, while opponents argue that existing procedural safeguards result in too many innocent parties having their property taken away, with little or no recourse for recovery. If your property or assets have been the subject of a criminal or civil forfeiture, it is important to consult with an experienced forfeiture defense attorney from Schoenig Law Firm, LLC in Olathe, Kansas to understand your rights and options.
Property Subject to Forfeiture
Government authority to seize property connected to illegal activity comes from federal statutes, as limited by those laws and the Constitution. Authorizing provisions of state and local statutes tend to be similar to federal law. The United States Supreme Court in Bennis v. Michigan identified certain categories of property subject to forfeiture:
- Contraband - property for which ownership itself is a crime (e.g. illegal drugs, smuggled goods)
- Proceeds from illegal activity - property that results from, or can be traced back to, illegal activity
- Tools or instrumentalities used in commission of crime - property used to commit a crime (e.g. cars, boats, real estate)
Two Forms of Forfeiture: Criminal and Civil
The government can take title to private property under criminal or civil law.
Criminal forfeiture is a punitive measure taken against a defendant after a conviction, where the government seizes property as a part of the sentence. Because it is a criminal proceeding, a defendant is afforded the protections of the Fourth and Fifth Amendments. While the crime has to be proved beyond a reasonable doubt, the forfeiture requires a lower burden of proof. The government only needs to show by a preponderance of the evidence that the defendant obtained the property around the time of the crime and that it was unlikely it came from any other source. The burden then shifts to the defendant to prove this is not the case.
By contrast, civil forfeiture actions proceed against the property itself, which is the defendant in the case rather than the owner. A criminal charge or conviction is not necessary before the government can seize. Prior to the Civil Asset Forfeiture Reform Act of 2000, law enforcement only needed to show probable cause that the property was involved in a crime, usually through a search warrant, before the taking of the property. The 2000 Act raised this burden of proof to a preponderance of the evidence standard.
Not surprisingly, a vast majority of the forfeitures pursued by the government are civil. Forfeiture proceeds typically go toward funding law enforcement activity, such as payments to informants, buying equipment and building prisons, though some legislatures have specified other purposes like supporting public education. Because of law enforcement's strong financial incentive to use civil instead of criminal forfeiture, critics claim that the practice has moved from being a means to fighting drug-related crime, to being an end in itself. While provisions of the 2000 Act made it easier for innocent persons to challenge the seizure in court and get their property back, the practice remains controversial.
If Your Property Has Been Forfeited
Whether your property has been the subject of a criminal or civil forfeiture, defenses to the government's action exist, and there are ways to recover your property under the law. Consult with a knowledge forfeiture defense attorney today at Schoenig Law Firm, LLC in Olathe, Kansas to discuss what options are available to you.
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