News

Can You Fight Forfeiture in a Federal Drug Case?

If you’ve been charged with federal drug trafficking, you may be shocked to learn that the government can seize your property, even before you’ve been convicted of a crime. This process is known as forfeiture, and it is one of the government’s most aggressive tools in drug-related prosecutions. From cash to cars to real estate, nearly anything the government claims is connected to criminal activity can be targeted.

While forfeiture laws are powerful, they are not unbeatable. With the right legal strategy, it is possible to fight back and protect your assets.

What Is Forfeiture?

Forfeiture allows the government to take ownership of property it believes was either obtained through criminal activity or used to commit a crime. In the context of federal drug trafficking cases, this can include a wide range of assets, such as:

• Cash allegedly tied to drug proceeds
• Vehicles used to transport narcotics or supplies
• Real estate where drug activity allegedly occurred
• Bank accounts suspected of holding illicit funds
• Electronics or phones allegedly used in coordination of drug sales

There are two main types of forfeiture:

• Criminal forfeiture, which is pursued as part of a criminal prosecution and typically requires a conviction

• Civil forfeiture, which is a separate legal action against the property itself and can proceed even if no criminal charges are filed

Civil forfeiture, in particular, is controversial because it does not require a conviction, or even an arrest, for the government to seize and attempt to keep your property.

Can You Challenge a Forfeiture?

Yes, you can challenge a forfeiture, but the process is complex and time-sensitive. Unlike in a criminal trial where the burden is on the government, forfeiture proceedings often require the defendant to prove that your property was not involved in illegal activity. This can feel backward and unfair, especially if you were never charged or convicted.

To challenge a forfeiture successfully, you may need to:

• File a claim or petition by strict deadlines
  Waiting too long, even by a few days, can cause you to lose your right to challenge the seizure.

• Prove lawful ownership of the property
  You must show that the asset was purchased or obtained through legal means, with verifiable documentation.

• Demonstrate that the property was not knowingly connected to a crime
  This means showing that you either did not know about the alleged criminal use or that the property was not actually used in any criminal conduct.

Because these proceedings often occur quickly and with little notice, early legal intervention from a federal criminal defense attorney is critical.

What If You Haven’t Been Convicted Yet?

One of the most alarming aspects of civil forfeiture is that it can occur without a conviction and sometimes without formal charges. This is because civil forfeiture is treated as a lawsuit against the property itself, not the individual who owns it.

Even if you are never found guilty of drug trafficking, the government can still attempt to keep your seized assets. Critics argue this practice undermines due process, but it remains legal under federal law. That’s why it is vital to act quickly and secure legal representation as soon as possible.

Third-Party Interests and Innocent Owners

If the seized property is shared with someone else like a spouse, business partner, or family member they may be able to file an “innocent owner” defense. This legal claim asserts that the co-owner had no knowledge of or involvement in the alleged criminal activity. Courts may return the property to an innocent owner even if the primary defendant loses their forfeiture case.

How a Federal Criminal Defense Attorney Can Help

Forfeiture cases are legally dense and procedurally strict. The government has vast resources and will use every legal tactic available to hold onto your property. A skilled federal defense lawyer can help by:

• Responding quickly to notices of seizure
• Gathering and presenting evidence of lawful ownership
• Negotiating with prosecutors or federal agencies
• Filing petitions or motions to challenge the forfeiture
• Protecting third-party interests and innocent co-owners

At Glozman Law, we represent clients nationwide in both civil and criminal forfeiture proceedings. We understand what is at stake; your home, your livelihood, and your future. Let us help you fight back.

If your property has been seized in connection with a drug trafficking investigation, contact Glozman Law today for a confidential consultation. Time is of the essence.