Whether you’ve been charged with a white-collar crime, a federal crime, or an asset forfeiture charge, you need to know what defenses are available to you with Asset Forfeiture Defense. Whether you’re innocent of the crime or a guilty party, there’s a defense for you. Here are a few common defenses to consider.
Federal criminal offense
Whether you have been charged with a federal criminal offense or not, you may have assets that the government wants. These assets include real estate, motor vehicles, and bank accounts. It is important to know your rights before you lose your property to the government. If you are unsure of your rights, it is best to consult an experienced federal criminal defense attorney.
Forfeiting assets is a very serious business, and it can have an adverse effect on your reputation and your family. A federal defense attorney with a thorough knowledge of asset forfeiture issues can help you avoid losing your property to the government. If you have been charged with a federal crime, contact Doug Murphy, a federal defense lawyer with experience in asset forfeiture matters.
White collar crime
Often, white collar crimes result in significant financial penalties and prison time. In addition, they can also have lasting effects on an offender’s life.
White collar crimes are a type of criminal offense that focuses on deception and fraud. These crimes typically involve business transactions and people in positions of power or trust. White collar crimes are often committed by individuals who have little or no experience in the criminal justice system.
White collar crimes can have a major impact on an individual’s career, personal life, and reputation. These crimes can also affect government agencies and businesses. These types of crimes are usually prosecuted by both state and federal agencies.
Depending on the nature of the charge, white collar crimes may be charged as felonies or non-felonies. Federal white collar crimes often result in long sentences and large fines.
Innocent owner defense
Whether your property was seized by law enforcement, the IRS, or a private lender, you may have a shot at fighting back against the government’s machinations. You can do so by employing an experienced asset forfeiture attorney to protect your interests.
The Innocent Owner Defense is a legal defense that allows a property owner to reclaim his property from the government, assuming he can prove that the property was not involved in any criminal activity. This type of defense is not limited to Texas, and there are many federal and state statutes that contain a statutory innocent owner defense.
While the federal statutes pertaining to property forfeiture are in their infancy, state laws governing the forfeitment of property have risen up the ranks. State and local laws vary, and some jurisdictions are reluctant to take a position on this issue.
Dismissal of criminal charges
Having your criminal charges dismissed is one of the ways to resolve your case. This will result in your charges being dropped before you have to go to trial, and will mean that you are free of any potential punishment.
Typically, the prosecutor decides to drop charges because of insufficient evidence, or a lack of probable cause. This can be caused by a missing witness, or due to poor quality evidence.
In some cases, the defendant will be able to challenge the prosecution’s case. In this case, they will have the opportunity to present new evidence that may prove that the prosecution is not making a strong case. This new evidence may be able to undermine the prosecutor’s case, and will therefore help the defendant get their charges dismissed.
Timing issues
Several issues arise in the context of criminal asset forfeiture. These include civil liberties concerns, access to counsel, and how to allocate the profits from confiscated assets.
Critics of forfeiture argue that police agencies should not use seizing assets as a means to generate revenue. They argue that a lack of property owner protections makes forfeiture an abuse. They also argue that forfeiture has little effect on crime. These arguments are supported by a growing body of research, which indicates that revenue generation is a key driver of forfeiture. However, many critics argue that these findings do not prove that forfeitures are effective.
The study also finds that economic conditions are a key factor in how forfeitures are formulated. Among the findings are that a 1 percentage point increase in unemployment increases forfeiture activity by 11% to 12%. It also finds that the total value of property seized is rising every year. This is an important finding, especially during budgetary times.