Car accidents are already stressful enough, without the added burden of vehicle confiscation.
You may have sustained injuries that need medical attention, your vehicle may need repairs or replacement due to severe damage, and you might have missed earnings due to needing to stay home and recover. There are countless disruptions that a split-second car accident can cause, both immediately and into the future as you seek to recover and recoup your losses. But what happens if there is a collision, and then your car gets confiscated? Amidst everything else going on, this can be a difficult circumstance to navigate on your own. In such a complicated situation, contacting a lawyer for help might be necessary.
About Asset Forfeiture
Law enforcement and government agents may seize an owner’s assets if they have a preponderance of evidence that the property was directly linked to criminal activity. Asset forfeiture occurs when the government confiscates someone's property because they believe it is involved in criminal misconduct. If your vehicle was confiscated, it could be because you are suspected of committing a crime related to the accident. The types of property that may be confiscated can include homes, vehicles, computer equipment, cell phones, electronic devices, boats, weapons, money, illegal drugs, machinery, and more.
Rights to Your Property
Despite it appearing that law enforcement can seize and forfeit assets at will, those affected by this do have their own rights. As an auto accident lawyer would suggest, do not succumb to intimidation or abuse inflicted by law enforcement or other parties. You have the right to be free from unlawful confiscation of your belongings. Federal law does allow seizures of property based on probable cause without a conviction, but state restrictions exist that require a higher burden of proof to perform a seizure. If you are facing a forfeiture hearing, consider seeking help from a reputable law firm immediately, such as Cohen & Cohen. Your lawyer can inform you about your rights to your property and can protect your best interests as you navigate this unfortunate situation.
Fighting a Confiscation
Dealing with vehicle confiscation after an accident can add more stress to an already challenging predicament. You may not have the knowledge or strength to fight a confiscation, even if you know the outcome could be in your favor. That's why many people turn to a lawyer for assistance; they might otherwise be unable to handle the situation effectively. When lawyers get involved, opposing parties often become more cooperative because they know someone with legal insight has entered the picture. Your lawyer can be your best resource and advocate as you fight an asset forfeiture. If you are struggling due to a vehicle accident and confiscation, it's important to protect your side of the story immediately.
The legal procedures and rights related to car accidents and asset forfeiture may vary depending on the jurisdiction. You are encouraged to consult an attorney in your region.