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.
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.
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.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
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