Civil Asset Forfeiture Requires Criminal Conviction Under Michigan Law
Civil asset forfeiture laws in Michigan require a criminal conviction before the police can keep money or assets worth $50,000 or less. Unfortunately, the law is constantly being abused.
Are you a victim of civil asset forfeiture? Do you need a criminal defense attorney? Request a free consultation now.
What is the state of Michigan civil asset forfeiture laws?
There’s still a major problem with these laws.
Currently, police are permitted to seize property if they have probable cause to suspect that it had been used for, or derived from, a controlled substance violation.
Additionally, the state is legally allowed to retain the property, or sell it and give the proceeds to the law enforcement agency that seized the property.
Police will still be able to bargain for a waiver of the conviction requirement.
This is persuasive because often times, the party wants their property back.
For instance, the police may raid a home where suspected drug dealing occurs.
They don’t find any drugs, but they may find a large amount of money and vehicles.
If they have a reasonable suspicion that the money and vehicles were drug related, they’ll take those assets.
The person from whom the assets were “taken” (i.e. stolen) wants and perhaps needs to get his car and money back as soon as possible.
Do these new laws solve civil asset forfeiture?
Despite the police having no case for a conviction, the claimant may waive the conviction required to settle for a portion of the money and the vehicles back.
In layman’s terms, the police can still take someone’s money despite not having enough evidence for a conviction.
Barton Morris speaks about Eric Smith regarding Michigan Civil Asset Forfeiture Reform on WWJ News Radio 950
Furthermore, asset forfeiture is still ripe for police misconduct.
Are you a victim of civil asset forfeiture? Do you need a criminal defense attorney? Request a free consultation now.
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