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Asset Forfeiture | Denver Criminal Defense Attorney

Criminal Defense Attorney In Denver

Asset Forfeiture in Colorado

Asset forfeiture, also known as asset seizure, is the act of a state seizing an individual’s assets that are believed to to have been acquired through illegal activity. Charges for criminal or civil offenses, terrorist acts, and drug related crimes can all result result in asset forfeiture. On occasion, asset forfeiture can take place even if no criminal charges have been brought against the individual. Certain jurisdictions may use “confiscation” rather than forfeiture in some cases, the reason being to prevent any future criminal activity that may be funded by the confiscated assets.

Asset forfeiture is often seen as the most efficient way of recovering properties and funds to be used for the victim compensation. The first priority of law enforcement officials when it comes to the disposal of the forfeited assets is to re-establish the losses of a crime’s innocent victims. Although many people associate asset forfeiture solely with drug trafficking, the majority of asset forfeiture actually occurs as a result of white collar crimes.

Types of Asset Forfeiture

There are two types of forfeiture cases, criminal and civil. According to recent reports, almost half of the forfeiture cases that are being filed at the present time are civil.

  • A criminal forfeiture case is referred to as “in personam”, meaning that the law is against an individual and once convicted, the effect would be directly against the guilty offender.
  • A civil forfeiture case is referred to as “in rem”, meaning that the law is against a property.

These types of forfeiture cases differ in many ways, including:

  • The weight of the necessary proofs needed to forfeit an asset.
  • A criminal forfeiture case is a judicial procedure, while a civil forfeiture case can be an administrative, summary, or judicial procedure.

Judicial Procedure

The proceedings must remain judicial regardless of the asset’s value, so long as the forfeiture case is against a real property. If the asset to be forfeited is worth $500,000 or more, then this should have a judicial procedure.

Strong Criminal Defense In Colorado

Denver Criminal Defense Attorney Protecting Your Rights

If you are facing asset forfeiture in Colorado, it is crucial that you seek representation from a Denver federal criminal defense attorney with experience in the forfeiture process. Douglas Richards has the experience and expertise necessary to defend clients facing asset forfeiture in Colorado. Contact The Law Office of Douglas Richards, PC today for a free consultation of your case. Call (888) 888-5280 for a free consultation.