Knoxville, Tennessee Asset Forfeiture Attorney

Lawyer for Appealing Asset Seizures in Knoxville, TN

Asset forfeiture can be an unexpected consequence of being charged with - or even suspected of - a crime. The guiding principal behind asset seizure is that people should not be allowed to keep assets gained through criminal activity. Law enforcement also claims that being able to confiscate property that is being used to commit crimes helps them dismantle criminal enterprises and protect the public from future crimes. However, in practice, asset forfeiture can be deeply problematic. The state does not need to prove beyond a reasonable doubt that you acquired property by criminal means or that you were using an asset to further a criminal scheme before taking your money or belongings. You do not need to be convicted of a crime. Law enforcement may simply accuse you of a crime and begin packing up your property.

At The Baker Law Firm, we understand the unfairness of many asset forfeitures. We have seen many people have their property taken away from them unlawfully based on mere suspicion. If your property as been seized under asset forfeiture laws, you have the right to contest this seizure. We can fight for you to recover the property that was wrongfully taken from your possession. If you are formally charged with a crime, we can represent you in your criminal case as well.

DUIs and Vehicle Seizures

One of the most common explanations for vehicle seizures has to do with DUIs. If your driver's license is suspended for a DUI, and you are caught driving during the suspension period, your vehicle can be seized. Or, if you are arrested for a repeat DUI less than five years after your first DUI conviction, law enforcement can seize your car. The reasoning is that driving under a DUI suspension or driving drunk for the second time in a short period of time shows that you were using your car to commit a crime. Law enforcement may also suggest that you are prone to drunk driving and therefore a danger to the public.

Seizing the Proceeds of White Collar Crime

White-collar crimes are typically committed to generate a profit. Things like embezzlement, tax fraud, and insider trading can be extremely profitable. If law enforcement suspects that you are profiting from a white-collar crime, they can confiscate any property they think you used "dirty" money to buy. This might include the money in your bank account, your car, and even your house. The accusations against you do not need to be proven before the state can seize your belongings.

As many white-collar crimes are federal offenses, the federal government may also take steps to seize your assets.

Drug Crime and Asset Forfeiture

Charges of drug trafficking and drug manufacturing often lead to asset forfeiture. The police may seize any property they believe you used drug money to purchase and any property they believe you are using to facilitate drug crimes. This might include your vehicle if you are suspected of using it to move large quantities of drugs around the state.

Police often claim that they use asset forfeiture laws to break up drug rings by taking away the tools offenders use to produce and move illicit substances. However, since they do not need to prove anything before confiscating property, they may seize any assets they think you might have used drug money to buy.

Contact a Knoxville, Tennessee Asset Forfeiture Attorney

The Baker Law Firm can help you file a prompt appeal after your property is taken from you, and we can also represent you in any underlying criminal case. To address issues related to asset forfeiture, contact us at 865-200-4117 for a complimentary consultation.