No one ever wants to be subject to a forceful property seizure. At our Flint, Michigan law firm, our criminal defense team fights the unlawful seizure of property by law enforcement officers or government officials. While authorities can in some instances seize property, they must do it legally. If they violate the proper procedure or fail to comply with the law then any evidence they collect could be considered inadmissible. Contact us today at Nickola Law and make sure your property has not been improperly seized.
However, in most cases, authorities must have a search warrant or any evidence seized during the search process can be thrown out.
When a government official or law enforcement officer forcibly takes property from a person who they suspect has committed a crime, or from someone they know has committed a crime, this is known as seizure. In most cases, before authorities can take any property they must have a search warrant and they must present it at the time of the search and seizure. There are some circumstances that allow for a seizure without a warrant. For example, officers can seize a weapon that they find in someone’s clothing while performing a search in relation to a crime that has been committed, because in that instance the search and seizure is incident to a lawful arrest.
Meantime, you might wonder what happens to your property when the case is over. In most instances, after a case finishes authorities should return any property they seized as part of their investigation, unless it is contraband, or other illegal property, or if it is held for forfeiture. If it is illegal property, then you won’t get it back. If it is being forfeited then you will have to fight to get it back. Many times law enforcement officers seize goods and then keep them for their own personal gain. Even if you are acquitted of all charges, you might still have to fight to get your property back.
If authorities have informed you that they plan to keep your property after the case has ended, you do still have legal rights. With the help of an experienced property seizure attorney you can fight to get your property back. There are several possible defense approaches you can take in these cases, including:
If you feel that you have been the victim of an unlawful search or seizure, then please contact us today at 810-767-5420. Our experienced criminal defense attorneys can help you fight for your legal rights. We will look at every possible angle to ensure that your rights are protected. That includes investigating whether or not authorities have followed the law to every degree. We will fight for you, no matter how serious the allegations or charges may be. Make sure authorities don’t violate your rights. Contact our experienced team at Nickola Law today at 810-767-5420. Click here to contact us online or by email.
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