Criminal Asset Forfeiture Lawyer in Dayton, OH
The government can seize property by arguing that you acquired or used it unlawfully. We stand up to the government and fight to protect the property you and your family own.
50+
Years Combined
Experience
95%
Success
Rate
400+
Google
Reviews
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.
Facing Asset Forfeiture in Dayton?
The prospect of losing your home, vehicle, or other assets is intimidating. Contact Gounaris Abboud to discuss your situation and learn how a forfeiture lawyer can challenge the government’s actions.
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.
Is Your Property at Risk?
Prosecutors can seek forfeiture of your property allegedly related to almost any offense. Contact Gounaris Abboud to discuss how we can help you defend your property from government seizure.
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.
The Constitution usually requires the police to obtain a search warrant before searching your property and seizing items. This warrant identifies the premises to be searched and items to be seized.
Can police seize property without a warrant? The police do not always need a warrant. For example, they can search your premises and seize property with your permission. They can also conduct a warrantless search and seizure under certain exigent circumstances when they have probable cause to believe you or your property was involved in a crime.
House Bill 347 amended Ohio law to create a “$15,000 forfeiture rule” that applies to civil rather than criminal forfeitures. It restricts civil forfeitures to property over $15,000. Thus, criminal forfeiture is the only option for prosecutors to seek forfeiture of assets valued at $15,000 or less.
Possible Defenses for an Unlawful or Unfair Forfeiture
Asset forfeiture lawyers have many options for defending your property from forfeiture.
Prosecutors can only start a criminal forfeiture after a conviction or intervention to avoid a conviction. Thus, a straightforward way to overcome your charges and protect your property is to secure an acquittal or dismissal of your case.
The property must qualify as contraband, proceeds, or an instrumentality for prosecutors to seek forfeiture. More importantly, prosecutors must prove the connection by clear and convincing evidence, which is a very high standard of proof.
The property must be seized under a warrant or an exception to the Fourth Amendment. If the police fail to secure a valid warrant or establish probable cause and a valid exception to the warrant requirement, prosecutors must return the property even if they have evidence to support 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.
Why Choose Dayton Asset Forfeiture Lawyers at Gounaris Abboud?
Gounaris Abboud is a highly rated criminal defense firm that provides aggressive and compassionate representation.
Over Five Decades of Experience
We have handled criminal forfeitures tied to many charges, including drug crimes, white-collar crimes, and theft. Our attorneys have a 95% success rate in obtaining positive outcomes.
Extensive Resources
Asset forfeiture cases often require knowledgeable witnesses, such as forensic accountants. Our firm has the resources and relationships to acquire the specialist analysis to support your case.
Customized Defense
We take time to learn about your situation and goals. We craft a defense using the facts and available evidence to ensure the judge and jury hear your story.
Personalized Attention
You are not just a file to us. We understand the financial hardships you and your family may experience after an asset forfeiture. An asset forfeiture lawyer from Gounaris Abboud keeps you updated on the progress of your case.
FAQ About Seizures
for Forfeitures in Dayton, Ohio
Civil forfeiture is a lawsuit filed by prosecutors to seize assets related to a crime. Civil forfeitures have lower evidentiary requirements and limited use. Criminal forfeiture relates to your criminal case and, as a result, has a higher evidentiary requirement. However, it can be used for assets of any value.
Clients often ask, “Do police keep seized money?” or “What do police do with confiscated money?” The police must safeguard property while awaiting a forfeiture proceeding. Contact the police or call a lawyer to contact them about a receipt.
Asset seizure occurs when the police gain custody of your property. The police may take it, or you may voluntarily turn it over. Asset forfeiture happens when the state gains ownership of it through court proceedings.
Resources for Seizures for Forfeiture in Dayton
The following resources provide background on asset seizure laws, statistics on the use of the process, and assets seized in recent cases.
Dayton Police Department Forfeited Vehicles for Sale
The Dayton Police Department lists vehicles that have gone through the forfeiture process and been listed for sale. This page links to a third-party listing company that handles the sales.
Montgomery County Sheriff’s Office Properties for Sale
The Montgomery County Sheriff’s Office lists properties seized by deputies that have completed the forfeiture process and are available at auction.
U.S. Department of Justice Asset Forfeiture Management
The U.S. Justice Department provides a single site listing notices of federal forfeiture actions. It lists seizures by the ATF, DEA, FBI, CBP, IRS, Secret Service, Postal Inspection Service, and U.S. Attorney’s Office.
Policing for Profit
A non-profit organization called The Institute for Justice prepared a report showing the use of criminal and civil asset forfeiture proceedings. This report describes how home and vehicle seizure laws are overused by some agencies to turn a profit.
A Plan for Ohio Criminal Asset Forfeiture Law
The Ohio Criminal Sentencing Commission reviewed the state’s criminal asset forfeiture laws in 2003 and recommended reforms to make the process more fair and clarify the laws that guide prosecutors and judges in using it.