Criminal Defense · Haute Lawyer Network
What Is Asset Forfeiture?
Last reviewed: June 2026
Asset forfeiture is the government's authority to seize and permanently take property that was used in or derived from criminal activity. Federal and state laws authorize two types: criminal forfeiture — which occurs as part of a criminal prosecution after conviction — and civil forfeiture — which allows the government to seize property independent of any criminal prosecution, without charging the owner with a crime. Civil forfeiture is the more controversial form — property can be seized based on probable cause that it was involved in criminal activity, and the owner must then go to court to challenge the seizure. The property itself is the defendant in civil forfeiture, leading to cases with names like *"United States v. $50,000 in U.S. Currency."* The burden of proof requirements and procedural protections for owners vary significantly by state.
Frequently Asked Questions
Can the government take my property without charging me with a crime?
Under federal and many state civil forfeiture laws, yes. Civil forfeiture does not require criminal conviction — or even criminal charges. This has been one of the most criticized aspects of civil forfeiture law.
How do I get my seized property back?
File a claim contesting the forfeiture in the appropriate court within the deadline specified in the seizure notice — typically 30-60 days. Missing this deadline typically results in default forfeiture.
What is the burden of proof in a civil forfeiture case?
Federal civil forfeiture requires the government to prove by a preponderance of the evidence that the property is subject to forfeiture. Some states have higher standards. The owner then must show the property was not involved in the crime.
What is equitable sharing?
A federal program allowing state and local law enforcement agencies to share in federal forfeiture proceeds. This creates a financial incentive for law enforcement to pursue forfeiture — a source of significant criticism.
What is an innocent owner defense?
Federal law and many state laws allow innocent owners — people who owned property without knowledge of its criminal use — to recover their property. The owner must prove their innocence by a preponderance of the evidence.
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