Appellate review of forfeiture

Asset forfeiture refers to the process by which the government seizes an individual’s property that it believes was involved in illegal activity. With respect to marijuana, this involvement can be in the form of property that helps to further a crime (such as a vehicle that was used to transport or store marijuana, in the form of money that was used to purchase the drugs or that was received from the sale of the marijuana or in the form of resource materials that were used to help the accused gain enough knowledge to ultimately commit the offense. Once the government has seized the individual’s property, it can be quite a challenge to get it back, which is why an individual who has been accused of illegal marijuana-related activities must immediately contact an experienced attorney who understands the process and requirements involved in pursuing an appellate review of a forfeiture proceeding.

An appellate review of asset forfeiture proceedings may be sought by either the government or by a property owner who received an adverse judgment during a civil forfeiture proceeding. Either party may appeal from an adverse criminal forfeiture if the defendant’s final sentence (which included a forfeiture clause) was illegal. Civil or criminal forfeiture proceedings that involved federal criminal statutes should be appealed to the appellate section of the criminal division of the U.S. Attorney’s Office. It is because of these types of rigid rules that only a skilled attorney who has an in-depth knowledge about forfeiture proceedings and the appeal process should represent an individual seeking appellate review.

Appellate review of a civil forfeiture must be initiated within 60 days after entry of the original judgment or within 30 days for a typical criminal case (60 under certain circumstances). Review by the criminal division also entails review by the asset forfeiture and money laundering section of the criminal division. Once the asset forfeiture and money laundering section receives the appeal, it prepares a recommendation concerning the review and submits its report directly to the appellate section. The appellate section then reviews the recommendation (as well as the one from the U.S. Attorney’s Office) and then prepares its own report for the Solicitor General’s Office. Based on all of the information it receives, the Solicitor General’s Office then makes a decision concerning the appeal.

Depending on the circumstances of the case and on whether the court’s authority was over the defendant or his or her property, either the government or the individual may dispose of the property if either party fails to obtain a “stay pending appeal” which is a legal tool that basically pauses the case until the appeal is final. However, doing so may have its own legal ramifications, which is another reason why it is so important to retain an attorney who knows how to best protect his or her client’s rights.

Constitutional challenges may be appealed by one having an interest in the forfeited property. Under this type of scenario, the requested relief will either be in the form of monetary damages or equitable relief. “Equitable relief” means providing the owner with his or her original property and is therefore only possible in situations where the illegally seized or wrongfully detained property hasn’t been destroyed.

The outstanding attorneys at The Kavinoky Law Firm understand asset forfeiture and all that it entails with respect to their client’s marijuana-related activities. They are dedicated to protecting their client’s rights and assets and will effectively challenge the government’s authority whenever possible. With law offices throughout this state, including several in and around the Los Angeles area, they are conveniently located for anyone in need of excellent representation. For more information on asset forfeiture and on the appellate review of these types of proceedings, contact the firm today for a free consultation.