Notice of Seizure


Question:

What to do when you get a Notice of Seizure?

Client is pulled over for a traffic offense by a drug task force by officer. The police had him sit on the curb and ultimately seized thousands of dollars from a shoebox in client's car. Client was arrested for public intoxication. No other charges were filed.

Client receives a DOJ/DEA "Notice of Seizure." It states that he is allowed to "Request Remission or Mitigation of Forfeiture" with the DEA within 30 days AND/OR "Contest the Forfeiture" by filing a Petition in Federal District Court. What to do?

Answer:

Never file a petition for remission, because DEA will rule on it themselves. Whatever the sum, whatever the basis for forfeiture, request that they proceed to judicial forfeiture.

The file has to be shipped back to the U.S. Attorney in the seizing district. Then the U.S. attorney will have to file a civil forfeiture lawsuit. At that time, the lawyer may be able to negotiate something. It is customary for the lawyer to contact the U.S. Attorney that handles forfeitures before they get the file to give him the heads up that we might be able to negotiate pre-lawsuit and save time.

For more information on Notice of Seizures  Contact Gilbert Garcia today at 936-756-3333.

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