Understanding Criminal Forfeiture in Minnesota
Criminal forfeiture occurs when the state takes a person’s property in connection with a crime. For example, if a vehicle was used to transport illegal drugs, the state of Minnesota could seize the vehicle as part of the criminal trial and investigation. In that criminal forfeiture scenario, the person “forfeits” their property (the vehicle) to the state. If you’re facing criminal forfeiture, don’t do it alone. Make sure you have an experienced criminal forfeiture attorney at your side to advocate for your rights and fight for a favorable outcome.
The Difference Between Criminal Forfeiture and Civil Forfeiture
Criminal forfeiture is the seizing of property directly linked to criminal activity. Civil forfeiture, however, occurs when the state seizes property in connection with certain crimes like drug offenses, DWI, prostitution, or fleeing police. In other words, they “bring charges” against your property. Civil forfeiture in Minnesota is an extremely complex subject. According to the National Institute for Justice, Minnesota earned a D+ on its use of civil forfeiture. Since civil forfeiture isn’t directly connected to the criminal prosecution, its implementation can be subjective, which leads to an overextension of its true purpose. According to the Institute for Justice, “Minnesota ranks 19th for federal forfeiture, with nearly $26 million in Department of Justice equitable sharing proceeds from 2000 to 2013.”
When Does Criminal Forfeiture Occur?
The State of Minnesota often invokes criminal forfeiture when:
- The defendant has been convicted of, or is being prosecuted for a crime; and
- The property has a strong enough connection to the crime to justify taking it
- Commonly seized assets and property in criminal forfeiture actions can include:
- Houses;
- Businesses and/or business assets;
- Cars, motorcycles, recreational vehicles; and
- Other types of property
Criminal forfeiture often applies to certain offenses more than others, like drug trafficking, racketeering, or illegal gambling. When a property is attained through criminal means, this may constitute grounds for forfeiture. For example, if a home was purchased using laundered money, the home could be fair game for the government seizure.
Looking for a Minnesota Criminal Forfeiture Attorney?
The skilled attorneys at Sieben Edmunds Miller have the experience and knowledge to advocate for clients facing criminal forfeiture in Minnesota. We know you didn’t plan on this, so trust our legal team to listen to your story, hear your concerns, create a plan of action, and fight for the return of your property or assets. Contact our Minneapolis Criminal Defense Lawyers and St.Paul Criminal Defense Lawyers by calling (651) 994-6744 or filling out our online contact form.
Get a Free Case Evaluation
We are here to help. Let us evaluate your case for you. Free of charge – no obligation. Complete our free case evaluation form or call us directly at (651) 323-2464.
Recent Blog Posts
8 Strategic Approaches to Reduce Your Criminal Sentence in Minnesota
Navigating a criminal charge in Minnesota can be an overwhelming experience, but understanding the strategic approaches available to reduce your sentence can significantly impact the outcome of your case. At Sieben Edmunds Miller, our team of dedicated criminal...
Driving Forward: A Guide to Limited Driver’s Licenses in Minnesota
In Minnesota, facing license revocations due to DWI offenses can disrupt daily life activities such as work, education, and essential errands. However, understanding the regulations surrounding limited driver's licenses can provide a lifeline for individuals in such...
Choosing The Right Defense Strategy for Your DUI/DWI Case in Minnesota
Facing DUI charges can be a daunting experience, with potential consequences ranging from fines to license suspension or even imprisonment. In such situations, selecting the best DUI defense strategy is crucial for protecting your rights and minimizing the impact of...
Common Causes of Reckless Driving Charges and How to Avoid Them in Minnesota
Understanding the Gravity of Reckless Driving: A Primer for Minnesota Drivers Reckless driving is a misdemeanor in Minnesota, carrying severe consequences for those charged. Understanding the common causes of reckless driving and how to prevent them is crucial for...
Criminal Vehicular Homicide Charges: Defending Against Serious Consequences
In Minnesota, criminal vehicular homicide charges, often referred to in other states as DUI or DWI manslaughter, carry grave implications, potentially resulting in significant penalties and long-term consequences for those accused. At Sieben Edmunds Miller, our team...
Emma Galtes: Spring 2024 Criminal Justice Scholarship Winner
Emma's Winning Essay: I am a single mother, first-generation law student, born and raised in Venezuela, but "adopted" by USA in my mid-twenties. I have worked for over thirty years as an occupational therapist in burns, and poly trauma hospital units, and now want to...
Free Case Evaluation
Contact Info
Note: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.