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More on Government Theft of Your Property

We previously discussed in this blog how the government can legally take your property without you ever being found guilty of a crime: https://noblesyanezlaw.com/how-the-government-can-legally-steal-your-property/ Just a couple of days ago, the U.S. Supreme Court ruled that if the government seeks civil forfeiture of your property, the Constitution does not requires a separate preliminary hearing to determine whether the government may retain the property pending the forfeiture hearing. The Court held that although the Constitution requires a timely forfeiture hearing, it does not require a separate preliminary
hearing. Unfortunately, sometimes it takes years for a civil forfeiture case to come to a conclusion.

In Nevada, a civil forfeiture case requires the district court to proceed “as soon as practicable to a trial and determination of the matter.” Additionally, the forfeiture case “is entitled to priority over other civil actions which are not otherwise entitled to priority.” However, the district court also “shall issue an order staying the proceeding that remains in effect while the criminal action which is the basis of the proceeding is pending trial.” Unfortunately, criminal cases can take years to make it to trial and final verdict.

You can read more about the U.S. Supreme Court case here: https://www.reuters.com/legal/us-supreme-court-reinforces-police-power-seized-vehicle-ruling-2024-05-09/

You can read the U.S. Supreme Court written decision here: https://www.supremecourt.gov/opinions/23pdf/22-585_k5fm.pdf?utm_source=TMP-Newsletter&utm_campaign=5a76fd3ee2-EMAIL_CAMPAIGN_2024_05_10_11_08&utm_medium=email&utm_term=0_5e02cdad9d-5a76fd3ee2-%5BLIST_EMAIL_ID%5D

If you have been served with a civil forfeiture Complaint by the State of Nevada or have a criminal case where the government is seeking to take your property as punishment, 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.