If no charges are pending against you, can the police assume half of your funds in the bank aredrug related and seize it?

Asked on September 15, 2010 under Criminal Law, Michigan

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The general rule is that there is something called "asset forfeiture", which the state, not the police, can use to seize funds or assets when they believe that they were either purchased with, or from the proceeds of, illegal activity.  Asset forfeiture is generally a civil remedy, and can be challenged by the person who is the subject of the forfeiture in court.  Your first step in determining the validity of any seizure is to determine the basis that they were seized upon.  In other words, what authority are the police/state claiming to justify the seizure?  They will have to provide some notice of that.  Once you have determined the basis, you can consult with a local criminal defense attorney to discuss the matter in greater detail.  


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