Wednesday, November 9, 2011

Minnesota Property Seizures (Explained)

In addition to your freedom, your participation (true or not) in a crime could also result in the loss of your property. Investigations by the government can result in the forfeiture of your property, even if you are never charged with a committing crime.

According to the laws of the State of Minnesota, your property can be seized if:
  • the seizure is incident to a lawful arrest or a lawful search;
  • the property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this chapter; or
  • the agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the property and that: the property was used or is intended to be used in commission of a felony; or
  • the property is dangerous to health or safety.
What This Means to You

Well, if you're driving your vehicle and are stopped for a felony-level Drunk Driving offense or a drug charge, law enforcement can seize it.  If the government believes that you are selling drugs, they can take any cash they find if they believe it is intended to be used in the commission of a said crime. Almost any property that the cops believe is part of a crime, they can (and often will) take and keep it.
Common Items Seized
  • Cash
  • Weapons
  • Cars or trucks
  • Computers
In addition to this list, the government can order other items seized and forfeited; sometimes up to and including your home. Again --- anyhing they believe was used in the commission of a felony can be seized.
How Does This Happen?
The procedure the government use is quite simple and can occur without a heck of a lot of justification.  Rather, the burned in often up to the person whose property was seized to challenge the the taking. Worse, any decision on the property the government seized may be delayed months or years while any possible criminal case is pending.

What Should You Do?

What can you do? First, you must act within a very short period of time – often as little as two months – to work to get your property back. Then you have to take the case to court and challenge the government over what they took from you. Having an experienced Minnesota Criminal Defense Attorney help you through this process can make it much easier, and make it more likely that you will recover the things that were taken from you. If you've had property seized, call the Rolloff Law Office today and see what they can do to help you recover it.. Call today - (612) 234-1165 -  to schedule a free consultation.

1 comment:

  1. This is very informative and people should be aware of such cases and hire an attorney before the case get too serious.

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