Forfeiture of Cars and Cash

It is important to note at the outset that forfeiture of cars, cash, or other property is very different from the government seizing the items. If the items were seized, the State is retaining possession of the items for evidentiary reasons while the case is open. They are not taking the item permanently. This contrasts with forfeitures where the State of Minnesota is attempting to take your property because it was allegedly used in connection with a crime. Even though the actions is connected with a criminal case, the State of Minnesota is actually seizing the property in a civil action. And if you want to challenge the forfeiture you must file into civil court to challenge it.

 

60 Day Deadline

It is very important to understand that if you wish to challenge the government's forfeiture action, you must do so within 60 days. Call an attorney immediately if you have been given a "notice of seizure and intent to forfeit" document from the police or it was mailed to your address. You only have 60 days to challenge it. 

 

Forfeiture of Different Items

The State has the ability to take forfeiture actions against many different items, including snowmobiles. Minn. Stat. 84.49. But the two most common types of forfeitures in Minnesota are cars and cash.

 

1. Forfeiture of Cars

Generally, when vehicles are used in the commission of a crime and there is a "substantially significant connection with criminal activity" they may be subject to a forfeiture action by the State. There are multiple ways to challenge forfeiture actions including severing the use of the motor vehicle from the crime in question. You will want to call an attorney about your specific situation.

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2. Forfeiture of Cash

The government may move for forfeiture of cash if there is (1) probable cause to believe the money represent the proceeds of a controlled substance offense; or “(2) there is probable cause to believe that the money found in proximity to controlled substances was exchanged for the purchase of a controlled substance[.]” Minn. Stat. § 609.5314, subd. 1(a). It's important to note that the probable cause standard is significantly lower than the proof beyond a reasonable doubt standard that exists in criminal law. But that does not mean it is not worth fighting. The standard if lower but you can still challenge probable cause and if successful you will get your cash back. 

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Conclusion

Each case is different and requires a close analysis of the facts. If you are being charged with a drug crime, you likely do not want a DWI lawyer. You want somebody who focuses on defending drug crimes to craft the best defense for your drug case. Call Subzero Criminal Defense today. 651-248-5142.