Being arrested is traumatic enough, but for many people, the nightmare deepens when the police start confiscating their personal property. You watch as officers seize the cash from your wallet, tow away your vehicle, or confiscate your electronics.
The immediate, panicked question is always: Can they actually do that? And how do I get my stuff back?
At Gounaris Abboud, LPA, we frequently represent clients who are fighting not only for their freedom but also to reclaim their hard-earned property. The legal mechanism the government uses to take your belongings is called civil asset forfeiture, and it is one of the most controversial and confusing areas of Ohio law.
If your property has been seized, you need to understand how the forfeiture process works and why you must act immediately to protect your assets.
What is Civil Asset Forfeiture?
Civil asset forfeiture allows law enforcement agencies to seize and permanently keep property—including cash, vehicles, real estate, and firearms—if they suspect the property is connected to criminal activity.
The most shocking aspect of civil asset forfeiture is that the government does not necessarily need to convict you of a crime to keep your property.
Because the legal action is taken against the property itself rather than the person, the burden of proof is much lower. In a criminal trial, the prosecutor must prove your guilt “beyond a reasonable doubt.” In a civil forfeiture case, the state only needs to prove by a “preponderance of the evidence” (meaning it is more likely than not) that the property was used in a crime or was bought with criminal proceeds.
When Do Police Seize Property?
Property seizures most commonly occur in cases involving drug crimes, theft, or organized criminal activity. The police will typically seize property under two theories:
- Proceeds of a Crime: The police believe the property was purchased using money earned illegally. For example, if you are arrested for drug trafficking and have a large sum of unexplained cash in your trunk, the police will seize it, assuming it is drug money.
- Instrumentalities of a Crime: The police believe the property was used to facilitate the crime. For example, if you are accused of using your personal vehicle to transport illegal narcotics, the police may seize the car, arguing it is an “instrumentality” of the drug trade.
The Forfeiture Process and the Ticking Clock
If the police seize your property, they cannot simply put it in their bank account the next day. They must follow a legal process, and you have the right to fight back. However, the clock is ticking the moment the property is taken.
1.Notice: The government must provide you with formal written notice of their intent to forfeit (keep) the property.
2.Filing a Claim: Once you receive this notice, you have a very strict, short deadline—often just 30 days—to file a formal legal claim asserting your ownership of the property and your intent to contest the forfeiture. If you miss this deadline, you default, and the government keeps your property permanently.
3.The Hearing: If you file a claim, a hearing will be scheduled where your attorney can present evidence proving that the property was obtained legally and was not involved in criminal activity.
How to Fight to Get Your Property Back
Fighting a forfeiture action is incredibly difficult to do without an attorney. The state has vast resources, and the lower burden of proof works in their favor.
Our criminal defense attorneys aggressively challenge forfeiture actions on multiple fronts. We demand that the state produce actual evidence linking the specific property to a crime. We trace financial records, bank statements, and employment history to prove that seized cash was earned legitimately. We also challenge the legality of the initial search and seizure—if the police violated your constitutional rights when they found the property, the seizure may be ruled invalid.
Frequently Asked Questions
Can the police keep my money if I am not convicted of a crime in Ohio?
Yes, unfortunately. Under civil asset forfeiture laws, the police can seize and attempt to keep your property if they believe it is connected to illegal activity, even if your criminal charges are eventually dropped or you are never formally charged.
How long do I have to fight an asset forfeiture in Ohio?
Time is highly restricted. Once you receive formal notice of the forfeiture action, you typically have a very short window—often just 30 days—to file a formal claim contesting the seizure. If you miss this deadline, you automatically lose your property.
What do the police have to prove to keep my seized property?
The state must prove by a “preponderance of the evidence” that the property was used in the commission of a crime or represents the proceeds of criminal activity. This is a much lower standard of proof than the “beyond a reasonable doubt” standard required for a criminal conviction.
Contact Our Dayton Asset Forfeiture Lawyers Today
The government is relying on you to be too overwhelmed or too confused to fight back. Do not let them take what is rightfully yours. The former prosecutors at Gounaris Abboud, LPA understand the complex rules of civil asset forfeiture and know how to force the state to return your property.
If your cash, vehicle, or property has been seized by law enforcement, contact us immediately for a free, confidential consultation. You can also visit our homepage to learn more about how we defend our clients’ rights and assets.