An article in Tennessean describes an incident in 2017 when the Mt. Juliet Police Department seized the car of a disabled veteran because his son was suspected of selling cocaine with his father`s vehicle. The American Civil Liberties Union (ACLU) filed a complaint with the TN Department of Security, claiming that the seizure violated Fourth Amendment human rights. The request for confiscation was rejected and the vehicle was returned. This case has, in part, led to legislation such as the one mentioned above. You may not know that the state or federal government can legally confiscate the money and property of someone charged with a crime. The purpose of criminal forfeiture is to ensure that criminals do not profit from their crimes, that their property can no longer be used to facilitate further crimes, recover stolen property, deter the possibility of further crimes, and punish the offender. However, citizens have the right to protest against the confiscation of their property by law enforcement agencies. Helping clients defend themselves against the forfeiture of their assets is an essential aspect of our work as criminal defence lawyers. In the case of civil forfeiture, no criminal conviction is required for the property or assets to be seized.
The government needs a probable reason that the property was used to commit a crime or that it was acquired illegally. According to the DOJ, „Civil forfeiture is an actual action (against property) brought in court against property. The property is the defendant and no criminal complaint against the owner is required. At Lowery, Lowery & Cherry PLLC, our Lebanese criminal prosecutors are here to protect your right to return your property when it has been unlawfully seized. You can count on our experienced criminal defence lawyers to ensure a rigorous defence and protect your legal rights throughout the criminal justice system. If the government has confiscated your property, we are here to help you return the property. Law enforcement agencies can seize property including vehicles, money, real estate and other property. Property can be forfeited for possession of narcotics, illegally or by prescription. Vehicles may be forfeited for driving with a driver`s licence that has been revoked for the second or next time for impaired driving (DUI) and impaired driving (DUI). Both impaired driving charges must have occurred within five (5) years.
The seizing authority then sends the files to the legal department of the Tennessee Department of Security and Homeland Security for processing, since the commissioner of the department has been given the authority to dispose of the seized property. Notices indicating that a forfeiture order has been signed will be sent by registered mail to all persons who are reasonably present and who may have an interest in the seized property. If the forfeiture order is upheld, or if the parties do not appeal the issuance of the forfeiture order, they are required to file a request for a hearing within thirty (30) days of receiving the letter and signing the registered letter. Tennessee property type data was not used for this report. Innocent Property Fee: Depends on the property. As a general rule, the burden of proof lies with the State. In the case of vehicles, however, the owner must prove that they had no knowledge of the criminal use before a claim is granted. Once an application has been filed, the matter must proceed to a hearing to determine the disposition of property. Within thirty (30) days of receipt of the petition, a Notice of Hearing will be sent to all parties who submitted a petition. The hearing is presided over by an administrative judge from the Administrative Procedure Division of the Secretary of State. The state has prosecutors for these hearings.
Applicants may, at their own expense, appoint their own lawyer or represent themselves. State and federal law enforcement agencies have rules for asset forfeiture. Under Tennessee law, „a seizure may occur without trial if the seizure is related to an arrest or search pursuant to a search warrant.” For this reason, if you are stopped for a traffic violation, the police can take away any property they suspect is related to a crime if you allow them to search your vehicle. In 2018, the Tennessee Department of Homeland Security and Homeland Security spent $148,784 from forfeiture funds, almost entirely on capital and capital expenditures. Proposed Civil Settlement and Indemnification Agreement – East Tennessee If you need to continue the hearing on a new date, the aftermath requires a renewal motion and a decision from an administrative judge. In general, the state and the federal government share seized property. This makes asset forfeiture a very lucrative process for Tennessee and the federal government. This was called „for-profit policing.” Tenn. Ann. Code §§ 40-33-107(4), -210(a); Staat v. Sprunger, 458 S.W.3d 482, 500 (Tenn.
2015). Asset Forfaiture Statute: Tennessee Code Annotated (T.C.A.) §§ 40-33-201 ff. The government can seize property if it is used to commit crimes, promote criminal activity or have been obtained through criminal acts. Some of the most common offences related to property forfeiture include: Wrongful forfeiture of civilian property can cost wrongly accused time and money when attempting to return their property. Tennessee remains one of the least protective states for homeowners. The proposed legislation aims to change this and increase the burden of proof before the seizure of property or assets. The report gave the state of Tennessee a D-minus for its civil forfeiture laws because the forfeiture threshold is low and no conviction is required, protections for innocent third-party owners are limited, and up to 100 percent of the proceeds of confiscation go to law enforcement. They found that the Tennessee Department of Security and Homeland Security earns an average of $14,328,743 in expiration products each year. Between 2009 and 2018, Tennessee law enforcement withheld more than $146 million in cash under state law.
Between 2000 and 2019, they generated an additional $111 million of the federal government`s fair share, totaling at least $257 million in forfeiture revenues. Tennessee ranks 24th for its participation in the Justice Department`s equitable sharing program. The state does not prevent state and local authorities from using fair distribution to circumvent state forfeiture law. From 2015 to 2018, half of Tennessee`s foreign exchange losses were worth less than $675. At least $257 million in state and federal forfeiture revenue 2000-2019 Asset forfeiture, according to the U.S. Department of Justice (DOJ), is „a prosecution brought as part of a defendant`s prosecution. This is an action in personam (against the person) and requires the government to prosecute (accuse) property used with or derived from the accused. If the jury finds that the property has been forfeited, the court makes a decision on the forfeiture. If an agreement is reached, the prosecutor will prepare a proposed civil settlement agreement and a release form, which is available here. All parties will sign to show their consent to the settlement, a compromise and settlement order proposal will be prepared by the prosecutor, and the disposition of property will not take place until an administrative judge issues a compromise and settlement order. If no agreement can be reached, the case will be heard by an administrative judge appointed by the Division of Administrative Procedures of the Tennessee Department of State. In the event of a hearing, the administrative judge has a maximum of ninety (90) days to render his decision.
The Notice of Seizure of Property and Forfeiture of Property form (commonly referred to as a Notice of Seizure) is completed by an official at the time of seizure of property. The officer gives the person in possession of the seized property a copy of the notice of seizure as a receipt to show that the property is actually seized. The officer is then responsible for forwarding this notice of seizure and a completed forfeiture order to a local judge to prove a probable reason for the seizure. If the judge determines a probable reason for the seizure, he or she signs the forfeiture order. The letter reflects the state`s confiscation ™laws as of December 2020. When we become aware of relevant reforms, we update the above standard of proof, the burden of innocent property, and the language of financial incentives, but we do not update the letter note.