PHOENIX ARIZONA CRIMINAL LAWYERS FOR ASSET FORFEITURE

THE PHOENIX ARIZONA CRIMINAL DEFENSE ATTORNEYS AT THE GILLESPIE LAW FIRM HAVE HELPED MANY INDIVIDUALS THROUGHOUT THEIR ASSET FORFEITURE PROCEEDINGS

The Phoenix criminal defense lawyers at The Gillespie Law Firm, P.C. are able to provide solid legal assistance to help you in your attempt to have your property returned.

The concept of asset forfeiture is based upon the government alleging that persons engaging in criminal conduct should not profit by illegal proceeds of their crimes. Items or monies possessed are often allegedly obtained by illegal conduct, and are vulnerable to being taken by the government. This permissible taking, however, often involves a great deal of potential overreaching by the government, where they may take assets that are in no way connected to any such allegations. People are often deprived of assets that they may need or have come into legitimately.

Within our criminal system, there are several ways the government can take and keep property belonging to anyone accused of criminal wrongdoing. Though the taking of one's assets usually occurs if a crime is charged, individuals and/or businesses do not have to be charged with any crime before the government can come in and seize assets it intends to forfeit permanently. Furthermore, the prosecutor doesn't have to prove a crime before your property can be taken and forfeited. Forfeiture proceedings are treated as civil matters. All a prosecutor needs to establish is that the assets were "more likely than not," obtained through criminal conduct. Additionally, if an individual has been found guilty or plead guilty to the crime, that person cannot deny the allegations in the forfeiture proceedings.

When subjected to asset forfeiture proceedings in Arizona, the decision to hire an attorney is a very personal one. No one can tell you that having an Arizona criminal defense attorney, however experienced he/she may be, will ultimately mean you will get your property back. However, there are a large number of defenses that can be raised and many times successfully argued. In fact, the law sets forth these defenses, and solid legal guidance from an Arizona criminal defense lawyer can often be invaluable in raising a defense.

If you are facing asset forfeiture in Arizona and the government has either physically or constructively seized property or money belonging to you, it is essential that you file a timely claim to have property returned. It is also incumbent upon the government that you are given written notice of their intent to forfeit the assets in issue. There are very specific procedures and requirements governing this process and it is important to consider having an experienced Arizona criminal defense attorney assist you.

For more information and to discuss your particular case or to schedule a free office consultation with one of our criminal defense attorneys, please call 602.253.1010 or complete the Contact Us form for an immediate response from The Gillespie Law Firm. For directions to our office, please Click Here.