Civil Forfeiture in Minnesota (Explained)

The State of Minnesota can legally take your property.  Civil forfeiture --- when the government seizes your property --- are common place in criminal prosecutions.  Specifically, this takes place in two types of situations.  This is why you should - upon receiving notice of as much - contact an experienced Minnesota Criminal Defense Lawyer. 

How Can You Lose Your Stuff?

One common way occurs through an arrest or investigation into controlled substance use/possession. The government often seizes property that “has been used, or is intended for use, or has in any way facilitated” controlled substance crime. Another common cause of forfeiture relates to Drunk Driving cases.  Convictions for first or second-degree DWI, in the State of Minnesota can subject vehicles to forfeiture.

How Can You Get Your Stuff Back?

For a return of your property, you must demonstrate that it was not involved in the crime. This can happen by attaining a dismissal of charges.  To get that result --- you may wish to consult with an attorney who can (maybe) talk to the prosecutor and negotiate a “buy-back” of your things.  Granted, it seems a bit counter-intuitive to pay someone for your stuff --- but the law is not always fair/smart.  From time to time, the government releases the property to a lien holder (such as a bank who loaned you the money to buy the vehicle in the first place.)

Why Do They Do This?

Law makers created civil forfeiture for prevention and punishment. Rare is the case, however, where persons with property subject to forfeiture know that the weed in his/her glove compartment or the alcohol in their blood might lead to the seizure of their car. Frequently, the government’s seizing property is simply punishment.  Because the  government has been know to seize property with little to no justification --- you need help.  (Even if you have a public defender - you may still need the help of a pay-lawyer because the Minnesota Public Defender’s Office cannot represent you in a forfeiture matter.)  

Do you have questions --- I would suggest that you contact the Rolloff Law Office early on if the government seizes your property. The deadlines for asking to get it back come fast. Let us know if you need assistance - call today: (612) 234-1165