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Asset forfeiture

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llindy240

Junior Member
What is the name of your state? Ohio. My 19 year old son was recently charged with trafficking cocaine. When he was arrested he was driving my car and I have not been able to get it back. The police are implying they will use asset forfeiture to keep my vehicle. They say I knew my son was selling cocaine. If I had known my son was selling cocaine I certainly would not have let him drive my car.
When my son was 16 I found a small bag of marijuana in his room and turned it into the police in hopes this would deter him from further use. Now the police say I knew he was selling cocaine because I turned him in for pot 3 years ago!! This is crazy. What can I do?
After they arrested my son they said he was selling out of my home. They never mentioned it but can they now try to take my home?
 


JETX

Senior Member
llindy240 said:
What can I do?
Pretty much nothing. If he had possession of the car at the time of the arrest, the forfeiture of the vehicle is pretty much automatic. And VERY expensive to try to pursue through the courts.

They never mentioned it but can they now try to take my home?
If they can show even the slightest link between his sales and your house... they could pursue its forfeiture also.

Civil asset forfeiture laws (as opposed to criminal forfeiture laws) allow police to seize property -- without charging the owner with any crime -- if the police believe the property is in any way linked to illegal activity. In another words, the property is considered "guilty" by the police and is confiscated on the spot. Not only does the civil law make it easier for police to take property this way, but civil forfeiture places the burden of proof on the owner. Furthermore, civil forfeiture laws do not compensate the owner for any damage or loss, even if a court orders the police to return the property.

I suggest you read the information at:
http://www.buildfreedom.com/tl/aforfeit.shtml
 

rebornwrongdoer

Junior Member
unfortunitaly JETX is right. The process of regaining possession of your vehicle will be quite expensive. Your son had control of the vehicle at the time of his arrest, and your car therefore is subject to forfeiture.
 

zwara

Member
:( I am truely sorry to hear your about your situation and as sad as it sounds what has already been posted here is pretty much the grim truth at least in regards to your car..as far as your house is concerned when forfeiture laws mixed with certain law enforcement agencies the outcome can be anyone's guess, hopefully in your case they will settle with the car and not investigate further the possible use of your home as something your son may have used in his prior dealings...unfortunately what was intended to be a usefuL tool to penalize major drug traffickers became a weapon abused by (some) law enforcement dept's for their own pleasure and enjoyment~~~ (the proceeds after property is sold is used to finance so~called department needs up to and including bucks to tuck during privite retirement parties)~~~~ and without any regards to circumstances that would otherwise not justify the forfetiture of such property such as in your case your car since you had no prior knowledge of what your son was involved in which is the common thread in many of these cases. There are many-many horrific tales of this type of abuse that extend beyond madness. Hopefully by the grace of God your house will be overlooked....I wish you the best in this case and I can understand your grief in regards to your son as well, my daughter is currently serving a four year sentence for the mfg. with intent to deal~methamphetamine....god bless......pappygein
 

llindy240

Junior Member
Thanks to all who have replied. I am still waiting for my son to be indited and to find out how they plan to involve me. If this comes down to forfeiture of my vehicle I plan to go down with a fight.
 

nanaII

Member
zwara

zwara.. you must live in a pretty lenient state. I'm glad your daughter is only serving four years. My son is looking at serving 50 in our state! Our minimum mandatory laws here stink! We have some of the absolute worst. The problem is, once they get out 9/10 times they end up back with the same old crowd that got them in trouble in the 1st place (it happened with my son). He served 8 months of a 2 year sentence in prison 2 years ago for 2 misdemeanor possession charges.
 

zwara

Member
nanaII said:
zwara.. you must live in a pretty lenient state. I'm glad your daughter is only serving four years. My son is looking at serving 50 in our state! Our minimum mandatory laws here stink! We have some of the absolute worst. The problem is, once they get out 9/10 times they end up back with the same old crowd that got them in trouble in the 1st place (it happened with my son). He served 8 months of a 2 year sentence in prison 2 years ago for 2 misdemeanor possession charges.
My daughter wouid be the first person to sy she was lucky in regards to her sentence which resulted to taking a plea (since the evidence against her was minimal) as well as a reasonable and good judge who looks at the person's history and seeing her crime was more of a person with a serious drug addiction then what our laws have tried making them out as true drug offenders and a threat to society. What many do not relize is the seriousness of this drug and it's serious addictive properties. Im truely sorry to hear of your Son's sentence, what many people also dont understand is that meth addiction is second only to Heroin in successfuL recovery rates. Our State is trying to get tougher sentences in regards to meth crimes in order to get more votes from the people who have no clue in the facts. Our State prison system has been one of the most overcrowded in the Nation mainly due to non~violent drug offenders, it has often been said a person could go out and molest children and get far less of a sentence then for a person to get caught with a small amount of meth, what a twisted society we are living in...good luck....
 

JETX

Senior Member
zwara said:
what a twisted society we are living in...
If you don't like it, I understand there are some pretty good house deals in Iraq, Afghanistan, or maybe some waterfront property in the Maldive Islands.
 

JETX

Senior Member
llindy240 said:
If this comes down to forfeiture of my vehicle I plan to go down with a fight.
How much is the car worth??? I bet you will spend in excess of $10,000 in legal fees trying to recover it.
Also, your ownership of the vehicle has absolutely NOTHING to do with this.... the ONLY issue is whether the vehicle was used in the 'commission' of a crime. And, from your post, that issue is clear.
 

zwara

Member
"If you don't like it, I understand there are some pretty good house deals in Iraq, Afghanistan, or maybe some waterfront property in the Maldive Islands" ........................I love it when someone says that..according to my nephew there isnt anything in the countries you metioned worth buying. To speak out against something that one feels is wrong is what our country is all about. I offer the same advice to you as you did me..if you cant take the criticism then find another hole to crawl into.....
 
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JETX

Senior Member
zwara said:
JETX said:
II offer the same advice to you as you did me..if you cant take the criticism then find another hole to crawl into.....
I don't mind the 'criticism' and have no problem with your right to your opinion. In fact, I am willing to bet just about anything that I have spent 100 times more time, effort, anguish and money protecting YOUR rights to say it than you have.

However, your statement serves no purpose since it offers no attempt at a solution. You are like a lot of people who are simply too lazy or inept to take any real action. You run around complaining... and then sit in front of the tv and eat bonbons. If you are going to complain about something, at least try to offer or find a solution to the problem. As my dear old grandpappy used to say, "You are either part of the solution, or part of the problem". Which are you??

By the way... I have been over there.... and the people I dealt with nice and courteous, and went out of their way to help when treated fairly. They (Arabs) are extremely proud of their heritage and do NOT take kindly to anyone (American or Russian) telling them how to do things, when to do it, or that their culture has no place in the modern world.
 

zwara

Member
Cant Stop Laughing

...offer a solution???....I cant stop laughing...first you have no idea what kind of attempts to solutions I have attempted to offer, you relply has no more porpose then mine. I have did quite a bit in regards to writing to those that are suppose to represent me in government and to date have not even recieved a single note to acknowledge I even wrote to them...to offer a solution is insane in this present (or past) administration on the issue of asset forfeiture. Your attempt to label the public as lazy or "inept to take any real action" only shows your own impotence. I havent heard much from you in regards to a "solution to anything"....and oh yeah...since I havent been "over there" I cant offer much one way or another but my nephew is not the guy in charge "over there" and I think I could safely assume he has is own opinions in regards to the people he has been ordered to serve and protect
 

zwara

Member
In fact, I am willing to bet just about anything that I have spent 100 times more time, effort, anguish and money protecting YOUR rights to say it than you have............and what exactly have you done for the record...Im curious....
 

BelizeBreeze

Senior Member
zwara said:
...offer a solution???....I cant stop laughing...first you have no idea what kind of attempts to solutions I have attempted to offer, you relply has no more porpose then mine. :rolleyes:
Is this something like a "WHALE" of a tale?
 

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