As a spouse to someone arrested on RICO charges, do I have any rights to get back any items seized if I was not charged in the crime?

Asked on July 24, 2012 under Criminal Law, Arizona


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

At this point those items are more than likely considered forfeited evidence in the current RICO case against your spouse, which means that the property will be in the hands of the government until your spouse's case is resolved/adjudicated. At this point, assuming those items have not been sold off by the government in a asset forfeiture sale, you can petition the government for a return of those items to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.