PASSIONATE DEFENSE REPRESENTATION

Let's Change The Outcome

Lawmakers look to revise unfair asset forfeiture laws

You may be fully aware of the possible consequences for a conviction of drug charges, especially distribution or trafficking. You might expect fines, imprisonment, community service and other penalties. Certainly, the burden of a criminal charge on your record will follow you the rest of your life.

However, what you may not expect after an arrest for certain criminal offenses is the confiscation of your property. Asset forfeiture is a common practice in South Carolina. State law allows law enforcement to collect any items they believe you may have obtained through the profits of the crime for which police have arrested you. Recently, however, some are protesting the practice of asset forfeiture as contrary to state and U.S. constitutions.

Where did my stuff go?

Upon your arrest for illegal activities, such as drug trafficking or white-collar crimes, police may collect any valuables they believe came from the proceeds of the crime. This may include your vehicles, your home, and cash or other items. Even if authorities fail to charge you or convict you of the crime, the items police take are forfeit, and you may not have them back without going to court. About 20% of those who lose property to asset forfeiture do not face charges for a crime.

You may also be surprised to learn that not all counties keep records of the assets police confiscate. While some provide public access to their forfeiture records and the way in which the county uses the proceeds from forfeited items, some have no information at all, so there may be no way to tell what happens to your property.

Waiting for new laws

Fortunately, South Carolina legislators are working on bills that would prevent authorities from seizing your property if no one has filed charges against you. Further, lawmakers want to limit the amount of cash or valuables police can seize. The bill suggests that the amount of seized assets should be high enough to be significant, but not enough for someone to take the time and expense to fight for it in court.

Meanwhile, you may be dealing with asset forfeiture that seems excessive and unfair. Whether you are facing criminal charges or authorities have not filed charges against you, fighting for your assets may be worth the time and effort. You can start by seeking the advice of an attorney who can provide an assessment of your case and guide you in taking the most appropriate actions for your situation.

CATEGORIES

Recent Posts

How can a DUI conviction impact my commercial driver’s license?

On Behalf of Ryan Beasley Law | Apr 8, 2022 | Drunk Driving | Commercial vehicles are a common sight on the South Carolina roads. Trucks go to, from and through the state delivering and carting items that are vital to everyday life. This can include food, materials,...

What defenses are there for domestic violence charges?

Every relationship has times when you and your partner will disagree. An argument can feel very after both parties have had a chance to cool off than it does while it is happening. In some cases, a disagreement can get out of hand or misinterpreted, leaving both...

How a DUI can threaten your college education

College is an exciting time for young adults. Newfound independence often comes with having to make important decisions on your own, including whether to drink and drive. Unfortunately, millions of college students choose to drive while intoxicated. While you may be...

Bill could lead to harsher penalties after drug overdoses

In South Carolina and across the United States, opioids are garnering significant attention. This is understandable given the number of people who are having problems with these types of drugs. Specifically, fentanyl is drawing scrutiny from state and federal law...

Do you know the importance of jury selection in your case?

There’s a lot to consider when building your criminal defense. While you may want to work with prosecutors early on to try to mitigate the fallout from your case, and you certainly want to gather evidence that contradicts the prosecution’s case, you can’t neglect the...

Do You Need Legal Advice? Don’t Wait.

Get Help Now

I

Visit Our VIDEO CENTER To Find Out More