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Georgia Civil Asset Forfeiture: No criminal charge, no problem

Posted by Ben Sessions | Oct 02, 2014 | 0 Comments

GEORGIA CIVIL ASSET FORFEITURE LAW: NO CRIMINAL CHARGE, NO PROBLEM

One of the most astonishing issues concerning civil asset forfeiture law is that if a person is not charged with criminal activity, their property may still be forfeited. For example, a person may be stopped on the side of the road, and the police may seize $20,000.00 in cash from the person. The police may never seek to file formal criminal charges against the person. However, the police may seek to forfeit the funds from the person through civil asset forfeiture procedures.

STUDY SHOWS THAT PEOPLE WHO HAVE PROPERTY SEIZED UNDER CIVIL ASSET FORFEITURE LAWS DO NOT ULTIMATELY FACE CRIMINAL CHARGES

Unlike criminal forfeiture, in which prosecutors seize the proceeds of criminal activity as punishment for a crime, civil-asset forfeiture does not require a conviction or even a criminal charge: in fact, a study by Henry Hyde, a Republican former congressman, and the Cato Institute, a libertarian think-tank, found that 80% of people whose property was seized by the federal government were never charged with a crime. Forfeiture proceedings are brought not against people, but against property that law enforcement need only allege is connected to criminal activity. –

http://www.economist.com/blogs/economist-explains/2014/04/economist-explains-7#sthash.Sy69kO92.dpuf

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The Sessions Law Firm, LLC
1447 Peachtree Street NE, Suite 530
Atlanta, Georgia 30309

Phone: (470) 225-7710

About the Author

Ben Sessions

I work to provide exceptional service, attention, and results to each of my clients. Most of clients come to me because they are in a completely overwhelming situation. They need someone that will do more than address their legal problems.

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