W. Michael Walz, P.C. - Pot Lawyer - Phoenix, AZ
 
 
W. Michael Walz, P.C. - Pot Lawyer - Phoenix, AZ

Asset Forfeiture

Asset forfeiture is confiscation, by the State, of assets which are either (a) the alleged proceeds of crime or (b) the alleged instrumentalities of crime. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars allegedly used to transport illegal non-medical marijuana. The terminology used in different jurisdictions varies. In recent years there has been a growing trend for civil forfeiture.

The civil law/criminal law distinction

Our legal system is distinguished between the criminal and the civil, different procedures and different evidential rules. The traditional view is that crimes are public wrongs and that the criminal law addresses those who harm society through morally culpable acts in order that punishment may be imposed and potential offenders may thereby be deterred from committing similar offenses. Criminal proceedings are therefore “officially designated ceremonies of guilt designation” and the label “criminal” carries with it a social stigma, which is not imposed on the losing party in a civil action. Because of this stigma and the potential punishment, which may be imposed by a criminal court, legal systems provide procedural protections above those available to a respondent in a civil case. For example, criminal proceedings require a standard of proof, whereas civil only requires it is most likely true based on a preponderance of the evidence.

The traditional approach to serious criminality has been arrest, followed by the institution of criminal proceedings with a view to conviction and imprisonment. In recent years a confiscation or forfeiture element has been added and sometimes no criminal charges are ever filed.

If you receive a green return receipt card from the Post Office, don't delay in picking-up that item and call our office right away if you have received paperwork with anything like these items listed:

  • Verified Complaint
  • Non-Classified Civil, Racketeering, Forfeiture
  • In Personam and/or In Rem
  • Notice of Pending forfeiture and/or Notice of Seizure for Forfeiture
  • Property described in the caption Superior Court for the County of Maricopa or the City of Phoenix, Office of the Attorney General

602.288.8349 TEL
602.288.8356 FAX

Walz@PotLawyer.com