Legal Controversy: Civil Asset Forfeiture

traffic stopMany people consider America’s legal system a static thing; in fact, it changes all the time both with new law additions and new interpretations of old laws. It takes a lot to keep up with the current state, but it can help add to the influence of your vote and voice. Here, we’ll go over the legal controversy of Civil Asset Forfeiture.

Overview:

Generally, the way our legal system works, the prosecution has to prove beyond all doubt a defendant’s guilt: “innocent until proven guilty”. However, with civil asset forfeiture, police don’t charge a person – they charge their stuff by accusing it of association with crime. Almost always, civil asset forfeiture gets used to combat drug use/selling. The owner of the charged property must go through the legal system to prove they got it legally.

Why does it raise controversy?

Because court fees usually amount to more than the worth of the property taken, most people never try to get their property back. Many point to the allocation of much of the funds back into the police department as an incentive to employ the practice for profit. Advocates of civil asset forfeiture say that they need it to combat drug users and drug dealers.

 

Stay informed, and you can help decide how legal practices like this get applied in the future. If you ever find yourself on the wrong side of the law, All American Bail Bond Agency can help. To find out more about us, just give us a call at (855) 264-2245.