Dayton Criminal Asset Forfeiture Lawyer
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+
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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.
Civil Forfeiture vs. Criminal Forfeiture in Ohio
Civil asset forfeiture and criminal forfeiture are two separate legal processes that can both result in property owners losing their assets, but they operate under different rules and standards of proof. In a civil forfeiture action, the government files a lawsuit directly against the property rather than against the person, which means property seized through civil asset forfeiture proceedings can sometimes be taken without a criminal conviction ever being entered. Civil asset forfeiture lawyers can challenge these actions by demonstrating that the government cannot meet its burden of proof or that law enforcement officers violated the property owner’s rights during the seizure.
Criminal forfeiture, by contrast, is tied directly to a criminal case and can only proceed after a conviction or a court-approved intervention to avoid a conviction. The government must prove by clear and convincing evidence that the seized property qualifies as contraband, proceeds of criminal activity, or an instrumentality used to commit the alleged crime. Both types of forfeiture proceedings require careful legal attention from the start, and missing critical filing deadlines under Ohio’s forfeiture statutes can make recovering seized property significantly harder.
Ohio’s forfeiture laws were significantly revised in 2017, and civil asset forfeiture now requires a higher standard of proof than it did previously, with the burden shifted to prosecutors under reforms that improved private property rights for Ohio property owners. The $15,000 forfeiture rule created by House Bill 347 restricts civil forfeiture actions to property with assets valued above that threshold, leaving criminal forfeiture as the only tool available to prosecutors seeking forfeiture of assets valued at $15,000 or less. Understanding the difference between these two tracks is something our asset forfeiture attorney explains clearly to every client from the very first meeting.
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.
Your Rights When Facing Asset Forfeiture in Dayton
When law enforcement agencies seize your property, the government does not automatically get to keep it. Property owners have constitutional protections against illegal search and seizure, and an attorney can challenge any forfeiture case where law enforcement officers failed to follow proper legal procedures during the seizure. Procedural violations by the Dayton Police Department, federal agents, or other law enforcement agencies can make seized assets inadmissible in forfeiture proceedings and may result in the government being required to return the property.
Ohio law requires you to file a verified claim explaining why the seizure was unlawful in order to formally challenge a forfeiture notice, and Ohio statute imposes strict deadlines that must be met for that challenge to be considered by the court. Forfeiture cases also have no constitutional right to court-appointed counsel, which means property owners facing asset forfeiture proceedings are on their own without legal counsel unless they hire a private attorney. This is one of the most compelling reasons to contact a civil asset forfeiture lawyer or criminal defense lawyer early, before any deadlines have passed and while all options for defending your property are still open.
Federal agencies, including the DEA, FBI, and the U.S. Attorney’s Office, can bring separate federal forfeiture actions that operate under federal law and carry their own procedures and timelines, adding complexity for Dayton residents whose cases cross into federal jurisdiction. A federal prosecutor pursuing civil asset forfeiture through the U.S. Department of Justice Asset Forfeiture Management program can move quickly, and having criminal defense attorneys with experience in federal forfeiture proceedings is important for protecting your assets at that level. Our law firm handles both state and federal asset forfeiture cases and can advise you on which proceedings apply to your situation and what steps to take immediately to protect your property rights.
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.
Common Criminal Charges Tied to Asset Forfeiture in Dayton
Drug trafficking is one of the most frequent criminal offenses that triggers asset forfeiture actions in Dayton, OH, since law enforcement agencies routinely link vehicles, bank accounts, and real estate to alleged drug proceeds when building their forfeiture case. Money laundering charges also frequently accompany asset forfeiture proceedings, since prosecutors often argue that assets were used to move or conceal the proceeds of criminal activity, making those assets subject to seizure and forfeiture under Ohio statute. When asset forfeiture cases involve receiving stolen property or other theft-related criminal offenses, the alleged crime must be clearly tied to the specific property seized for the forfeiture action to proceed.
Federal agencies, including the FBI and DEA, pursue civil asset forfeiture in Dayton-area cases through federal forfeiture actions that can run parallel to state proceedings, particularly in money laundering and drug trafficking cases where the criminal activity crosses state or federal lines. The attorney’s office handling these federal cases operates under its own forfeiture statutes that differ from Ohio’s forfeiture laws, and property owners caught in both systems at once face compounding timelines and procedural requirements. Our asset forfeiture lawyers have dealt with both state and federal forfeiture cases and know how the government builds these cases so we can effectively challenge the evidence and procedures used against our clients.
Forfeiture actions can also arise from criminal offenses as varied as white-collar crimes, weapons charges, and gambling violations, and the Dayton Police Department, as well as the Preble County Sheriff’s Office and other law enforcement agencies across the region, actively pursue asset forfeiture as part of their enforcement activity. A local police department pursuing forfeiture of property seized during an arrest may not always have the authority or evidence to support that forfeiture when it is challenged in court, and our criminal defense lawyers know how to expose those weaknesses. If you received a forfeiture notice in connection with any criminal charge, contacting our law firm promptly is the most important step you can take to protect your property.
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. Ohio’s civil asset forfeiture laws were revised significantly in 2017 under House Bill 347, which raised the standard of proof required for the government to pursue civil forfeiture actions and shifted the burden more clearly onto prosecutors. Understanding which type of forfeiture action the government has filed against you is the first step in building a defense.
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. Law enforcement agencies have a legal obligation to account for seized money and other property throughout the forfeiture process, and failures to maintain proper records of seized assets can support a challenge to the forfeiture action. An asset forfeiture attorney can help you document what was taken and pursue the return of property that was not properly accounted for.
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. Seizure is the beginning of the process, while forfeiture is the legal action that permanently transfers ownership to the government, and these are two distinct events with their own legal requirements and timelines. Property owners can sometimes challenge a seizure and prevent it from ever reaching forfeiture proceedings if the seizure itself was unlawful or lacked probable cause.
Ohio statute imposes strict deadlines for property owners who want to contest a forfeiture action, and missing those deadlines can make recovering seized property significantly harder or even impossible. You must file a verified claim with the court explaining why the seizure was unlawful, and this petition must be submitted within the timeframe specified by Ohio’s forfeiture laws for the challenge to be considered. Contacting an asset forfeiture attorney as soon as you receive a forfeiture notice is the best way to make sure all required filings are made on time and that your property rights are fully protected throughout the forfeiture process.
Yes. Under certain circumstances, law enforcement agencies can seize property before any criminal conviction has been entered, particularly in civil asset forfeiture cases where the government files a forfeiture action directly against the property itself rather than against the person accused of the alleged crime. Civil asset forfeiture proceedings can move forward even without a criminal prosecution in some situations, which is one reason why civil asset forfeiture lawyers are so important for property owners who may not even be facing criminal charges themselves. An attorney argued on behalf of a client whose property was seized can challenge both the legal basis for the initial seizure and whether the government can meet the required standard of clear and convincing evidence at the forfeiture hearing.
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.