Asset forfeiture allows the government to seize cash, vehicles, homes, or other property it suspects is connected to criminal activity without the need to file formal charges. If law enforcement has seized your property, you are not alone, and like others who’ve had their assets seized, you may find the process confusing, intimidating, and unfair.
But you have legal rights, and our reliable criminal defense lawyers in Greenville, SC, can help you fight the system and regain your assets.
How is Asset Forfeiture Unjust and Flawed?
Asset forfeiture is a legal process in which the government takes ownership of assets it believes you used or gained from illegal activity, such as drug-related crimes. In South Carolina, civil asset forfeiture does not require a criminal conviction. That means the state can take your belongings even if you haven’t been found guilty.
In drug possession or trafficking cases, for instance, the police may seize any cash they find as suspected drug money. If you’re arrested in a vehicle, they may take the car, arguing it was used in a drug-related crime. In some cases, homes have been seized because the residents were accused of drug distribution or manufacturing. These forfeitures can include:
- Cash found during a traffic stop
- Vehicles allegedly used to transport drugs
- Homes or property tied to an investigation
Once seized, the government holds your property until you challenge the forfeiture in court or until the state wins by default because you failed to respond in time. The process is often stacked against everyday citizens like you, who may not understand how to navigate the system.
What’s more, in a 2019 investigation by The Greenville News and Anderson Independent Mail, SC law enforcement agencies seized more than $17 million in assets over a three-year period, often from individuals who were never charged with a crime. But, even with recommendations from a legislative task force and strong initial backing, a bill to reform asset forfeiture practices in SC ultimately failed.
In 2022, the South Carolina Supreme Court reviewed this ruling and ultimately upheld the state’s civil asset forfeiture laws, reversing the decision. This outcome maintained the status quo regarding asset forfeiture procedures in the state.
How a Defense Lawyer Can Protect You from Asset Forfeiture
Asset forfeiture cases are complex and move quickly. Missing a filing deadline or responding incorrectly can permanently result in losing your property. To help ensure you keep your hard-earned assets, our defense attorney can:
- Challenge the legality of the seizure
- Review whether the police followed proper procedures for forfeiture
- Represent you at the civil forfeiture hearings
- Help you negotiate with prosecutors
They will also help you understand whether your case qualifies for defenses under the Eighth Amendment, which prohibits excessive fines, or if the seizure violates due process.
Protect Your Assets and Rights with Our Help
Losing your car, savings, or home without ever being convicted of a crime feels unjust because it often is. If your assets have been seized by law enforcement in South Carolina, don’t wait. Our criminal defense lawyers in Greenville, SC, can assess your case, explain your rights, and fight for the return of your property.
At Eppes & Plumblee, P.A., we’ve helped people across South Carolina stand up to unjust asset forfeiture practices and take back what’s theirs. Arrange your confidential case review by calling (864) 581-3450 or contacting us online.