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.
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.
Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. When it comes to criminal defense, Barton’s reputation is stellar. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyer’s Association and as the President of the Michigan Association of OWI Lawyers. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Barton was also the only chosen criminal defense attorney to present to the Michigan State Police’s Impaired Driving Commission on the issues of driving under the influence of marijuana. Regarding marijuana, he has also very well known and respected. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years.