If you’ve been charged with a crime in South Carolina and money or property was seized in relation to the charge your property was likely taken pursuant to a civil forfeiture. I am sure you are concerned with getting your money or property back. This article will briefly explain that process.
Recently, the press has given more attention to civil forfeitures. John Oliver even did an entire special concerning civil forfeitures.
Some of the items that law enforcement may seize covers a wide variety of property to include money in close proximity to the alleged crime, firearms, equipment and materials used in the production of illegal substances, land, vehicles, overseas assets of persons convicted of trafficking in persons also are subject to forfeiture to the extent they can be retrieved by the government, tools, and written or electronic records.
After law enforcement seizes the property they are required by law to file a civil forfeiture suit within a reasonable amount of time. This suit must be properly served on the Defendant. At that time the Defendant may respond. Law enforcement will attempt to keep the property. The Defendant will attempt to get the property back.
Defendant’s may bring several defenses. It is best to consult with a lawyer prior to responding to the lawsuit.
Alex Kornfeld is a lawyer in Greenville, South Carolina. If you have been served with a civil forfeiture lawsuit and you are trying to get your money or property back it is in your best interest to consult with an lawyer. You may reach Alex by phone at 864-335-9990.