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March 2015 Archives

Work with experienced attorney in contesting federal civil asset forfeiture

In our previous post, we began speaking about the issue of civil asset forfeiture, which sometimes can come up alongside criminal cases. Civil asset forfeiture proceedings are separate from the criminal process, but because significant assets can be involved, it is important for criminal defendants to be aware of their rights in the forfeiture process.

Asset forfeiture: be aware of your rights, protect yourself from abuse

Last month, Green Bay Packers defensive tackle Letroy Guion of Starke was stopped by police after he was seen swerving in his lane. In the course of the police investigation he was not only cited for drug offenses, he also became the target of what is known as asset forfeiture, which is a legal process by which police officers may seize assets they believe to be connected to a crime.

Important issue: understanding the basis for a stop or arrest

Last time, we left off speaking about the importance of understanding when an arrest has taken place in the criminal process. To some, it may be obvious when an arrest has occurred and when one has not, but for those who don’t know the law, it may not be so obvious, especially when officers are acting illegally. Law abiding citizens who are uneducated on the matter can easily assume that officers are in the right and that they should offer up information to be helpful whenever officers approach for questioning.

Issue to examine in building criminal defense case: arrest legality

In our previous post, we began speaking about the crossover between civil rights claims and criminal defense with respect to the issue of arrests. As we noted, those who have been subjected to an arrest without probable cause may be able to pursue a civil rights claim against the arresting officer and other liable parties. Lack of probable cause for an arrest can also have consequences for criminal cases.

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