How the Government can Legally Steal your Property

Did you know that the State of Nevada can legally take your property (i.e., cash, cars, houses) without even charging you with a crime? The process is called “civil forfeiture” and many other States are now either reconsidering their laws on the issue, like New York (http://www.theatlantic.com/technology/archive/2016/08/how-police-use-a-legal-gray-area-to-rob-suspects-of-their-belongings/495740/), or completely abolishing it, like New Mexico recently did (http://reason.com/blog/2016/08/31/new-mexico-passed-a-law-ending-civil-for).

The idea of seizing money or goods during an arrest originally became popular in the 1970s to take money and yachts out of the hands of drug dealers, even if they ended up beating the case. The police were able to make a case against the money — suspects would have to prove exactly how they came to possess such amounts. Now, however, the police use the practice primarily to take money and property from the pockets of those who can least afford to get it back. Adding insult to injury, because civil forfeiture is considered “civil” and not “criminal,” you are not entitled to a free, appointed attorney if you can’t afford to hire one. Therefore, the State of Nevada can try to take your property away, without charging you with a crime and without providing you with an attorney.

Under a civil forfeiture action, all the State of Nevada has to do to take your property is prove by “clear and convincing evidence” that any piece of property you have is directly or indirectly derived from, or was used in, a criminal act or attempted criminal act. However, if there is a separate criminal case, which is the basis of the civil forfeiture proceeding, and the person is acquitted at trial, the disputed property must be returned to the person within 7 business days after the acquittal.

If you have been served with a civil forfeiture Complaint by the State of Nevada, please call us immediately to discuss your options. Whether it’s a civil forfeiture action, a criminal case, or a personal injury matter, at Nobles & Yanez we are always here ready to fight for your rights.