Civil Asset Forfeiture Defense in Pennsylvania: Protect Your Property Rights

As an experienced criminal defense attorney in State College, Pennsylvania, I provide representation to individuals facing civil asset forfeiture. The practice of civil asset forfeiture, both in Pennsylvania and across the United States, is deeply troubling. It allows law enforcement to seize property without a criminal conviction—or even criminal charges—leaving many innocent people fighting to reclaim what is rightfully theirs. If your property has been seized by law enforcement, it is crucial to act quickly and enlist an experienced attorney to defend your rights and recover your assets.

The Problem with Civil Asset Forfeiture: An Overview

Civil asset forfeiture has been widely criticized for its overreach and its tendency to target individuals who have not been convicted of a crime. Originally designed to dismantle large criminal enterprises by seizing their assets, this legal tool has evolved into a widespread practice used by local, state, and federal law enforcement to confiscate property from ordinary citizens, often without sufficient justification.

Across the United States, billions of dollars’ worth of property have been seized through civil asset forfeiture. According to the Institute for Justice, from 2000 to 2019, over $68.8 billion in assets were taken by law enforcement agencies nationwide. Pennsylvania has been no exception. In fact, Pennsylvania ranks among the highest in the nation for asset forfeiture activity, with tens of millions of dollars taken from citizens annually, often without a criminal conviction.

This practice is deeply flawed, with many critics arguing that it incentivizes law enforcement agencies to pursue seizures to fund their own operations, rather than in the pursuit of justice. As your attorney, I stand firmly against the misuse of civil asset forfeiture and will aggressively fight to reclaim your property.

What is Civil Asset Forfeiture? A Look at the Pennsylvania Forfeiture Act

Civil asset forfeiture allows the government to seize property suspected of being connected to criminal activity. Unlike criminal forfeiture, which occurs after a criminal conviction, civil asset forfeiture is a legal process that does not require the property owner to be charged with—or convicted of—a crime. This means that your property can be taken by law enforcement based solely on suspicion.

For example, a large sum of cash found in a car during a routine traffic stop may be seized if law enforcement officers suspect it is connected to drug trafficking, even if no drugs are found and no charges are filed.

Civil Asset Forfeiture Is a Stand-Alone Civil Proceeding

One of the most troubling aspects of civil asset forfeiture is that it operates independently of any criminal case. Law enforcement can initiate forfeiture proceedings without ever filing criminal charges. In other words, you do not have to be convicted of a crime—or even accused of one—for the government to take your property.

Because civil asset forfeiture is a civil proceeding, the burden of proof is much lower than in criminal cases. Law enforcement only needs to show that it is more likely than not that the property is connected to illegal activity—a far cry from the “beyond a reasonable doubt” standard required for a criminal conviction.

This practice is inherently unfair and can leave innocent people entangled in a legal battle to reclaim their property. It’s critical to have an experienced attorney who understands both civil and criminal law to advocate for your rights and challenge the government’s case.

Proven Success in Asset Forfeiture Cases

At my law firm, I have successfully litigated numerous civil asset forfeiture cases, including those involving hundreds of thousands of dollars seized by the Pennsylvania Office of the Attorney General. My experience and knowledge of Pennsylvania’s forfeiture laws have led to successful outcomes for many clients, with their property being returned and charges dismissed.

I have also played a pivotal role in shaping Pennsylvania law on asset forfeiture through my advocacy, resulting in two seminal published cases that have strengthened property rights in the state. These decisions set important legal precedents that continue to protect citizens from the overreach of civil asset forfeiture.

If your property has been seized, I am ready to bring my proven track record of success to your case. I will fight aggressively to get your property returned and challenge any unjust forfeiture proceedings.