Filing A Claim In Court
With all the information given in the notification, you should be able to file a claim in court, informing the court of your intentions to retrieve your seized cash. The notification gives you about 35 days from the day you receive your notification to file the claim. Take time to go through the forfeiture notice not to miss the deadline and other important details. The claim must be a sworn declaration under penalty of perjury. It must contain your interests in the said cash, for instance, whether you are the owner, co-owner, or even the lienholder of the money. It should also show how serious you are about retrieving the money.
The notification you receive from the DEA might also provide you with the option of filing an Appeal for Remission/Mitigation. The petition is a request to the government to pardon part of all the property from the forfeiture. You can choose to file or not to file this petition. The petition is granted by the government agency that has kept your cash, which, in this case, is the DEA. Only in rare cases will the DEA agree to give back the property without requiring the petitioner to go through a trial or appeal process.
Elderly People As Fake Police Officer Victims
The scammers target older people in particular and fish for their debit card and online banking information. In most cases, the scammers trick the elderly by pretending to be police officers over the telephone or in person.
The fake police officer may, for example, call the elderly person first, and later a person or persons posing as police officers show up at the elderly persons door. The fake police officer then tell their victims about various, fictional, acute threats to their bank accounts. The victims are told to urgently provide their online banking details and passwords or bank and payment cards in order to protect their assets.
The money on the accounts has been stolen by using the banking information obtained. The money is often transferred to accomplices bank accounts with their help or by withdrawing cash directly from cash machines.
Getting Your Property Back
If you have had property seized by the police then there naturally becomes a point when that property is no longer required under PACE 1984. You wont necessarily be able to recover all your property some will be forfeited and destroyed.
If you had money or cash seized, the rules and regulations are incredibly complicated, and you are probably best speaking to a solicitor about what to do.
Although the policy of returning property may vary depending on the police force, there is a general process that the Police will use. This usually involves you being notified by them, often in writing, stating that your property can be collected and where you need to go for it.
However, there are some points that you need to know before getting your property back:-
- The property cannot be returned to you until the officer in charge of the case has authorised it for release.
- The police can keep relevant property until a case has been resolved and in some cases they can keep it after conviction .
- The police will hold your property until all relevant matters have been dealt with. Once the letter of authorisation has been sent to you the general procedure is for them to wait 28 days for you to collect your property or for a response either by telephone or in writing.
If you want to make some enquiries as to whether you can collect your property, you will need to speak to the officer in charge of the case.
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Kansas Law Enforcement Routinely Produces Error
By: Duane Schrag– April 17, 2022 3:55 am
Kansas police have reported seizing more than $9.5 million in cash and $2.5 million in property since a new reporting law took effect in July 2019. But a review of nearly 2,000 reports found widespread inconsistencies.
ABILENE A push three years ago for more accountability from Kansas law enforcement agencies that seize cash, cars and contraband often without filing criminal charges against the owner has generated a wealth of new information.
On examination, however, the numbers often dont add up.
A review of nearly 2,000 reports filed so far found widespread inconsistencies in the way seizures are reported. More than half of the law enforcement agencies have failed to report some of their seizures as required and have done so with the blessing of the Kansas Bureau of Investigation, which is charged with gathering and posting the information on a publicly accessible website.
It was the Legislatures intention that we know the value of seizures, no matter at what stage in the process they are, whether they are pending, whether they have concluded, said Rep. John Carmichael, D-Wichita. The intention was to have that data available so that the Legislature could look at additional legislation to deal with what most of us perceived to be the overuse of civil asset forfeiture.
Assets are only listed on the annual report after they have been deposited, he said.
Resources For Seizure Of Cash For Forfeiture In Dayton
- Asset Forfeiture Abuse A comprehensive review with suggestions to reform current civil asset forfeiture laws by the American Civil Liberties Union .
- Seized Property Status and Returns This information center helps you understand what you can do to seek the return of seized property by the CBP.
- Miller v. Ohio State Highway Patrol Details of a defendants appeal in the Twelfth District Court of Appeals when Ohio State Highway Patrol seized his cash.
- Montgomery County Civil Law Division Find information about seizure and forfeiture in Montgomery County.
- Policing for Profit: Ohio Institute of Justice A study by the Institute of Justice on Ohios tough seizure for forfeiture laws that places an undue burden on innocent people.
For police procedures and policies involving seizure of cash for forfeiture, you can review the resources below. Some cities offer more detailed information, but you can contact the local department or discuss your case with a lawyer.
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How And When Do I Get My Property Back
Assuming the property is not contraband, determining when you can reclaim your property depends on a number of factors including the legal justification for the seizure and the nature of the property. For example, if the police seized your property solely for safekeeping they will typically return the property upon your release from custody or make arrangements with you to reclaim your property at a future date from the property office. If the seized property was contraband, the police will not return the property under any circumstances.
If the police seized your property as evidence, it will likely be held until the conclusion of the criminal case. Depending on the particulars of your case, this process can take weeks, months, or even years. If the police initially seized property as evidence and it is later determined not to be relevant to the case, your defense attorney could speak with the prosecutor in an attempt to arrange a return prior to the conclusion of the case. However, as noted above those arrangements are the exception and not the rule.
Upon completion of the case, if the prosecutor will not agree to voluntarily return the property, your only recourse may be to file a petition for the return of the property with the court. If the government still will not return the property the judge will hold a hearing and determine what should happen with the property.
How Can I Get Seized Money Back
Most of us are used to having the police get our money and possessions back when they are stolen. But in some cases, it could be the police taking your money and possessions from you.
The police may seize your money or possessions if they believe it serves as evidence in a criminal case. Once this occurs, a big concern will be, how do I get my money back?
Read on to find out about your rights if your money or possessions are seized in a criminal investigation.
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You Can Lose Your Cash Despite Lack Of Criminal Prosecution
Seizure and forfeiture are two separate processes. Seizure is the physical act of capturing your cash or property. Forfeiture is the legal process in which the state seeks to take permanent possession of your cash or property.
A criminal defense from a lawyer with a deep understanding of these proceedings is helpful if you want to reclaim your money. The state usually institutes a charge against the cash itself. The burden of proof is on you to show that the cash is not tainted or linked to illegal activity.
Evidence In Seizure Of Cash For Forfeiture In Dayton
The standard of proof for civil asset forfeiture is the same as other civil legal actions: the police must show that it is more likely than not that you obtained the cash illegally or during a criminal act.
This balance of probabilitiesthat there need be only slightly over a 50 percent chance to suggest that the cash was gotten from or used to commit a crimeis what is most troubling in the seizure of cash for forfeiture by Ohio State Highway Patrol troopers.
An attorney from our team familiar with the seizure of cash for forfeiture will protect and defend your rights and strategize to help recover what is rightfully yours.
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The Struggle To Get Money Back
In theory, anyone can fight to get their seized property back. But unlike in criminal cases, there is no right to a free, court-appointed attorney in civil forfeiture. For many people, its impossible to pay an attorney the several thousands of dollars it can cost to pursue their property. Often, a lawyers fees would exceed the value of the seized money.
Many people never try to get their money back. Some lack the language skills to wage a legal fight others just want to avoid tangling with law enforcement. And then theres the tight, 20-day, window to respond among the shortest in the country, according to a WBUR review of state statutes. It leaves little time for a letter to be rerouted from an incorrect address, or for the property owner to hire an attorney.
As a result of these hurdles, the majority of civil forfeiture cases are ruled in the district attorney’s favor by default, meaning people took no action to get their money back. In Worcester County, 84% of forfeiture cases in fiscal 2019 were default judgments, according to data from the trial court.
Even when people do take action to get their money back, the district attorney may have other plans for it. One resident found that out the hard way.
Northbridge police and members of the Blackstone Valley Drug Task Force stormed into Laura Wojcechowiczs house on a September evening as she was getting ready for bed.
She said the police told her, Were not here for you.
How Long Can Police Keep Seized Money
POCA allows the police to detain the cash without a court order for up to 48 hours, not including weekends or public holidays. If the police wish to detain the cash for more than 48 hours, they must apply for a court order. The Magistrates Court can authorise the detention of cash for up to twelve months by its first court order, then up to two years in total by a second court order.
According to Section 296 POCA, where cash is detained for more than 48 hours, it should be placed in an interest bearing account at the first opportunity. The interest accruing on the cash must be added to it when it is forfeited or released. Where the police have seized a sum of cash, which is a mixture of cash that they suspect is the proceeds of crime, and cash that is not a proceed of crime, only the cash that is under suspicion should be paid into the interest bearing account. The rest of the cash must be released. Can you get seized money back?
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If You Receive A Notice Or A Petition Regarding A Request To Release Property
A prosecuting attorney must send a Notice or a Petition regarding a Request to Release Property to anyone who has a claim to the property. The notice tells you that the prosecuting attorney has asked to transfer the property to another state or to the federal government. If the property is transferred, you will no longer have rights to have the property returned to you under Utah law.
When you receive the notice you have 10 days from the date the notice was mailed to you to file an objection to transfer the property. , but you can try filing an answer to the petition with the court. See our page on for more information. You must also send a copy of your answer to the prosecuting attorney. See our page on for more information.
When you file your answer the court will schedule a hearing. At the hearing the court will consider evidence regarding whether the property must be transferred to the other agency, including any hardship related to the transfer.
Member Of The Squad Defends Cafe Owner Who Donated To Freedom Convoy
14:02 , Harriet Sinclair
Squad member Ilhan Omar has come to the defense of an Ottawa cafe owner who recieved threats and was forced to close her business after it was revealed she had donated money to the freedom convoy protests.
Tammy Giulianis name was among those made public on Sunday following a hacking of the GiveSendGo website, which was later reported on by The Washington Post.
Representative Omar tweeted: I fail to see why any journalist felt the need to report on a shop owner making such a insignificant donation rather than to get them harassed. Its unconscionable and journalists need to do better.
She continued: I wish journalists wrote the articles they think they are writing. Sorry to say it, but your stories arent always balanced and often have a clear political bias. Calling it out isnt harassment or journalist bashing. Everyone has a right to critique your story and its merits.
Ps. I fully read the article multiple times and I still dont believe there was merit to the story as reported other than further harassment. You all are entitled to your opinions, but my opinion remains the same. These kinds of stories ruin peoples lives and are uncalled for.
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Do The Police Keep Money That Has Been Seized
Where the police or other law enforcement do not intend to return the money to the person that they seized it from, they can apply for it to be forfeited. Forfeiture means the permanent removal of an asset from a person by the court as a penalty for wrong-doing.
Where the seizure is linked to criminal proceedings for example, the police have seized cash that is believed to be the proceeds of handling stolen goods the police will usually wait for the conclusion of criminal proceedings before making a forfeiture application.
No conviction is required for the forfeiture of cash. The Magistrates Court must be convinced that there are reasonable grounds to believe that the cash is a proceed of crime i.e. it is recoverable property or intended for use in unlawful conduct. The civil standard of proof is applied i.e. on the balance of probabilities. This means that even where the defendant is acquitted, their money could still be forfeited because of the lower standard of proof.
With all this in mind, you may be asking where does forfeited money go? Where cash is forfeited, half of the funds go to the police and the other half of the funds go the Home Office. In some cases, the judge can allocate a percentage of the seized funds to the victim as compensation. There have also been schemes that allocate forfeited funds to community programmes.
Ottawa Police Issue Further Warning To Demonstrators
Wednesday 16 February 2022 23:50 , Oliver OConnell
Additional notice from Ottawa Police Service warns of severe penalties.
The Ottawa Police Service wants to inform you that under provincial and federal legislation, you will face severe penalties if you do not cease further unlawful activity and remove your vehicle and/or property immediately from all unlawful protest sites.
You may be arrested and charged with criminal offences including but not limited to mischief, and potentially charged with a variety of other non-criminal offences.
Your vehicle and property may be seized or removed.
Your drivers licence may be suspended or cancelled.
CVOR certificates may be suspended or cancelled.
Your personal or business bank accounts, including virtual currency, may be subject to examination and restriction.
If you bring a minor with you to an unlawful protest site, you may be charged and fined up to $5000 and/or potentially spend up to five years in prison.
Those who are delivering fuel and other supplies to those taking part in the unlawful demonstration can be charged.
Persons traveling to any other unlawful protest sites to participate in or support the unlawful demonstration can be charged.
Be aware that legislation now prohibits interference with any critical infrastructure including 400-series highways, railways, airports and international border crossings.
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Overview Of Seizure For Cash For Forfeiture By Ohio State Highway Patrol
An OSHP trooper has the right to seize cash for forfeiture if they have probable cause that the money is implicated in drug trafficking, money laundering, or another crime. A cash seizure may take place before an arrest or after an arrest. In some circumstances and depending on the amount of cash in question, the OSHP may not arrest anyone but still potentially seize the money.
The OSHP may also seize a vehicle or other property that they believe is involved in illegal activity. Troopers receive special training on seizure for forfeiture during traffic stops, including:
- Identifying potential targets who are most likely to engage in drug trafficking, money laundering, and other illegal activity
- Using K-9 service dogs trained to sniff out the scent of drugs on cash
- Determining if there is probable cause to seize the cash and turn it over to the proper unit for safekeeping