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Recovering Your Property After A Civil Forfeiture
29 February 2016 | Criminal Defense, Legal Blog,
In Indiana, law enforcement officers can claim another person’s property even if that person has not been convicted of a crime if that person’s property was likely used to a commit a crime. This process is known as civil forfeiture, and it has come under scrutiny in recent weeks due to questionable practices by Indiana law enforcement agencies.
When a person’s property or equipment is seized by law enforcement, the Indiana State constitution states that the resulting civil forfeiture funds should be deposited into the Common School Fund, a fund intended for public schools. But recently, law enforcement officers have been using these funds to pay for law enforcement vehicles, equipment, training, and even salaries. Officers cite a statute that says that police and prosecutors can deduct law enforcement costs from forfeited funds. When these costs run into the hundreds of thousands of dollars each year, many feel that law enforcement is abusing the state’s forfeiture laws and a knowledgeable Indianapolis civil forfeiture attorney may be able to help.
In Indiana, law enforcement officers are increasingly profiting from civil forfeitures, sometimes to the tune of hundreds of thousands of dollars. Are law enforcement officers taking their fair share of the value that comes from seizing a criminal’s property or are they abusing forfeiture laws made to fight organized crime? If you’ve been the victim of a civil forfeiture case, contact one of our experienced Indianapolis civil forfeiture attorney at Hessler Law at (317) 886-8800 today.