Criminal Asset Forfeiture Lawyer in Dayton, OH

Experienced Dayton Asset Forfeiture Lawyers

The attorneys at Gounaris Abboud have over 50 years of combined legal experience. We provide dedicated, knowledgeable, and aggressive representation to defend you and your property when you face criminal charges.

Asset forfeitures burden both the defendant and their family. We know you need your property, vehicles, and other assets to prepare your defense and support your family during and after your case.

Not all criminal defense attorneys have experience with criminal forfeiture cases. While this remedy is available in all felony and many misdemeanor cases, prosecutors only use it when the defendant has assets worth pursuing.

However, we have dealt with these cases. Moreover, our law firm includes former prosecutors who understand the state’s thinking. An asset forfeiture lawyer from Gounaris Abboud taps into the firm’s experiences on both sides to protect your property for you and your family. Contact us to learn how we can help.

Types of Property or Assets That Can Be Seized

The government can seize any type of property, including:

• Real estate
• Automobiles
• Boats
• Motorcycles
• Bank accounts
• Stocks and bonds
• Jewelry, clothing, and firearms

To conduct the seizure, the government must tie the seized property to your alleged offense. Specifically, it must prove you obtained the property using proceeds of a crime or that it was used in a crime.

Consequences for Property Owners in Dayton

You have rights when the government seizes property. Under Ohio law, the defendant whose property is being seized has the right to a jury trial. If you challenge the seizure and win, the government must return it. When you do nothing or lose a trial, you forfeit the property.

When you forfeit your property, you lose it forever. The government gains ownership and can dispose of it however it chooses. Thus, you must act to preserve your options for recovering your property.

Overview of Seizures for Forfeiture by Police in Dayton

Ohio Revised Code (R.C.) 2981 authorizes seizure of property by police. Officers can only seize property after a forfeiture order has been issued by the judge handling the defendant’s case. The forfeiture order may outline the conditions for the officers seizing the property or order a party who possesses the property to turn it over to the police.

Additionally, the court has the authority to enter restraining orders or appoint conservators to protect the property. The judge can also order witnesses to disclose the property’s location to the police.

Property Seizure and Forfeiture Procedures in Dayton

Under Ohio law, the following property can be seized by the police and subjected to forfeiture proceedings:

• Contraband allegedly involved in your charges
• Proceeds acquired when you allegedly committed the charged offense
• Instrumentality you allegedly used to commit the offense

When seizing an “instrumentality” used to commit the offense, prosecutors can pursue forfeiture for the following charges:

• All felonies
• Misdemeanors in which forfeiture is included in the statute as a remedy

The statute uses carefully chosen words to describe the property that can be seized. Ohio law defines “contraband” as any illegal property, including:

• Controlled substances and narcotics under Dayton Police Department Policy 1.01-4
• Illegal gambling devices
• Dangerous ordnance, such as illegal firearms and explosives
• Obscene material

In determining whether it can seize an instrumentality, the court must consider several factors, such as:

• Was the instrumentality critical in committing the offense?
• Was the offense the defendant’s primary purpose in using the instrumentality?
• How much did the instrumentality aid the defendant’s commission of the offense?

The U.S. Constitution protects you from unreasonable property seizures. As a result, judges must conduct hearings to ensure the seized property meets these criteria and that any third party’s rights are protected.

Evidence in Seizures for Forfeiture by Police in Dayton, OH

The prosecution can only seek criminal forfeiture after a conviction or an intervention to avoid a conviction. A significant difference between civil forfeiture vs. criminal forfeiture is the standard of proof.

Once the prosecution obtains a conviction or intervention in the case, they must prove by clear and convincing evidence that the property is subject to forfeiture.

“Clear and convincing” falls below “beyond a reasonable doubt”. Thus, the prosecution can obtain a forfeiture even without an ironclad case. The prosecution’s evidence may include business records, receipts, or witness testimony tying the property to the defendant and the charged offense.

Possible Defenses for an Unlawful or Unfair Forfeiture

Asset forfeiture lawyers have many options for defending your property from forfeiture.

How Our Asset Forfeiture Attorneys Can Help You

To begin your case, you will speak to an experienced asset recovery lawyer to explain your side of the story and learn about your legal options for challenging a seizure.

We craft a defense to fight the government’s allegations based on your explanation and the evidence our investigation uncovers. We explain your defenses to prosecutors to attempt to persuade them to drop the forfeiture claim. Sometimes, we can negotiate a plea bargain that includes terms covering asset forfeiture.

For example, prosecutors might reduce your charges and drop the forfeiture case in exchange for a guilty plea. The state would conserve the resources it would expend at trial, and you would keep your property.

If we cannot reach a negotiated resolution to your forfeiture case, an asset forfeiture lawyer from our firm presents your defenses and aggressively advocates against forfeiture at trial.