Forfeiture and Seizure of Property in Criminal Cases in Tennessee
Under the current civil forfeiture laws in Tennessee, police and prosecutors can seize and sell your car or other property and use the proceeds without having charged you with a crime. The Institute for Justice calls Tennessee’s forfeiture and seizure laws “policing for profit” in the second edition of a report about the abuse of civil asset procedure in the United States. The report estimates that Tennessee law enforcement agencies have seized almost $86 million in cash between 2009 and 2014 with an additional $69 million that Tennessee law enforcement agencies have received form the U.S. Department of Justice in an asset-splitting program called, equitable sharing. Add to that another $10 million from another federal asset seizure program. The Volunteer State has earned a “D” grade in the Institute for Justice report, which calls Tennessee’s forfeiture policies “appalling.”
In an article in the Times Free Press, the author writes, “Critics contend such laws provide financial incentives for law enforcement to take someone’s property and use the money to self-fund operations with little oversight. That creates the potential for abuse.” Prosecutors defend civil forfeiture laws, referring to the funding of crime fighting operations through seizing the proceeds of criminal activity; it’s “government at its best,” according to Shelby County Assistant Prosecutor Steve Jones at an October 2015 state Senate Judiciary Committee hearing, when concerns about the policies were discussed. According to the Times, there are lawmakers who are preparing legislation that would place restrictions on police. The proposed laws would require the police to use criminal laws, which have more stringent standards of proof than the civil procedure which requires only a preponderance of the evidence.
Seizure of your property by law enforcement is a civil action that is initiated from an arrest for a crime. The seizure is based on the allegation that the property was used in the commission of a crime. If your property has been seized by the police, you will need the services of an experienced Franklin criminal defense attorney from the Law Offices of Adrian H. Altshuler & Associates to protect your rights. Our experienced attorneys know how the Tennessee Department of Safety works, and they know how to defend your rights in the Administrative Court hearing.
If you vehicle or other property has been seized, you will need an aggressive Franklin criminal defense attorney on your side. You may contact the Law Offices of Adrian H. Altshuler & Associates right away. One of our Franklin criminal defense lawyers will defend your rights. We also have offices in Brentwood and Columbia to serve you.
Have you been charged with a crime and you are concerned about the seizure of your personal property? You will need an aggressive Franklin criminal defense attorney on your side. You may contact the Law Offices of Adrian H. Altshuler & Associates today. One of our Franklin criminal defense lawyers will defend your rights. We also have offices in Brentwood and Columbia to serve you.