Seizures for Forfeiture by Police in Dayton, OH
Seizures for forfeiture in Dayton, Ohio is a tool used by law enforcement to discourage and disband criminal activity. Seizure is the act of taking your property (this is also called civil asset forfeiture). Forfeiture takes place when you permanently lose your rights to the seized property through a court order or judgment.
Seizures do not always end in forfeiture. It is possible to recover your property from forfeiture by the city, county, state, or federal government. Joslyn Law Firm suggests that you connect with a seizure for forfeiture attorney to help you challenge the seizure and prevent forfeiture.
Our legal team is recognized by such prominent organizations as:
- Top ten law firm by the American Institute of Criminal Law Attorneys
- Top ten law firm by the American Jurist Institute
- Joslyn is consistently ranked among the best criminal defense lawyers in Ohio and has been honored by Columbus CEO magazine, Avvo Clients Choice, the National Academy of Jurisprudence, and more.
Founded by nationally recognized criminal defense attorney Brian Joslyn, Joslyn Law Firm has helped 20,000 clients through unfortunate circumstances such as seizures for forfeiture. We understand how an innocent individual can get ensnared in the complex justice system, and it is our duty and honor to help.
A Lawyer for Seizures for Forfeiture by Police in Dayton, OH Is Here to Help
Having your home, car, boat, or other property seized by the police is frustrating and unsettling. An attorney with our firm can help you contest forfeiture and even compel the state to pay for your fees and costs if we win in court.
In Their Own Words: Client Testimonials
Joslyn Law Firm has received more than 575 five-star reviews from Google, as well as heartfelt testimonials by our clients.
Some of these testimonials include:
- “Brian is an amazing attorney, and I would recommend him to my closest family members. Brian helped me with a criminal charge during a dark period in my life. He was very respectful and made me feel like I was in good hands.” Matt
- “I am extremely thankful for all of the help that Joslyn Law Firm has provided me. It has allowed me to take the steps needed to get my life back on track after dealing with some legal problems. I highly recommend their services.” Jeff
- “First time navigating the court system, so it was very comforting to have someone helping you.” R.H.
- “Very blessed to have found outstanding, professional team at Joslyn Law Firm.” Linda
Although past victories do not guarantee future outcomes, you will have the peace of mind that comes with an award-winning legal team on your side.
Let our award-winning firm fight for you. If the Dayton police have seized your property and you face losing it permanently through forfeiture, call Joslyn Law Firm today for a free consultation at (937) 356-3969.
Seizure for Forfeiture by Police in Dayton, OH Information Center
- Overview of Seizures for Forfeiture by Police in Dayton
- Seizures for Forfeiture by Police Procedures
- Evidence in Seizures for Forfeiture by Police in Dayton, OH
- Defenses for Recovering Seizures for Forfeiture by Police
- Resources for Seizures for Forfeiture in Dayton
- News on Seizure and Forfeitures
- FAQs about Seizures for Forfeitures in Ohio
- Attorney for Seizures for Forfeiture by Police in Dayton, OH
Under Ohio Revised Code 2981.01, the police may seize property from an individual or a business if they believe that the property was involved in a crime. Theoretically, this is an effective anti-crime measure. In reality, many seizures for forfeitures never result in an arrest or conviction.
You could be an innocent owner of a car that is stolen by gang members and used in a crime. Under state law, your automobile can be seized by law enforcement even if you were not involved or aware of this illegal activity.
Civil Asset Forfeiture Is Usually Sold at Auction with Proceeds to the Police Department
If your property is seized and lost permanently in forfeiture, the law enforcement agency that confiscated your property may sell or dispose of it accordingly. Usually, the City of Dayton or Montgomery County has an auction in which the property is sold to the highest bidder. The proceeds of civil asset forfeiture are used to bolster the budget of the Dayton Police Department.
Type of Property or Assets that Can Be Seized
The police may seize any property or asset that they believe was involved in the commission or the proceeds of a crime, including:
- Houses, land, office buildings, vacation homes, condominiums, and other real estate
- Cars, trucks, motorcycles, boats, recreational vehicles, off-road bikes, and other vehicles
- Furniture, artwork, guns, and collectibles
- Jewelry, clothing, and furs
- Cash, bonds, stocks, and other financial assets
If your home, vehicle, or other property was seized by the police, you will have to fight for its return. An attorney with Joslyn Law Firm can be a powerful ally in challenging the seizure and halting a forfeiture.
Federal Agencies Involved in Seizure for Forfeiture
Prosecutors in Dayton and throughout Ohio also work with federal agencies on seizures for forfeiture.
These agencies include:
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)
- Department of Homeland Security (DHS)
- Department of Justice (DOJ)
- Drug Enforcement Administration (DEA)
- Federal Bureau of Investigation (FBI)
- United States Attorneys’ Offices (USAOs)
- United States Customs and Border Protection (CBP)
Joslyn Law Firm is familiar with both state and federal seizure for forfeiture cases.
Ohio’s forfeiture laws allow members of the Dayton Police Department to seize property for forfeiture if an officer has probable cause in one of four areas:
- The property or asset was acquired as bounty from a crime.
- The property or asset was acquired to commit a crime.
- The property or asset was used or intended to be used in the commission of a crime.
- The property or asset was identified as possible contraband in a criminal offense.
Any property or asset that is seized for forfeiture by the Dayton Police Department must be recorded and set aside until a hearing date is sent or the property is returned without a hearing to the owner. Vehicles are kept in the Police Impound Lot, and other types of assets are submitted to the Property Control Unit.
Forfeiture Procedures for Seized Property or Assets
The Montgomery County Civil Division handles seizure or forfeiture of property, money, or other assets. The Narcotics Bureau also has an Asset Forfeiture Unit also processes some seized property, outlined in the Dayton Police Department Policy 1.01-4. You should receive some proof of seizure from the agency. Make you hang onto this information so you can claim your property at another time.
An attorney can review the procedures in your individual case to determine if your rights were violated or if any discrepancies could weaken the state’s case against you.
Police officers must show a “preponderance of evidence” that your property or assets are linked to illegal activity, according to Ohio Revised Code 2981.05. They do not have to be 100 percent certain or even 90 percent of any link to a crime. Police are required to be just 50 percent certain that the property or asset in question was used to commit a crime or is the result of a crime.
Fifty-fifty odds may be acceptable in a weather forecast, but it is not reassuring for innocent Dayton residents whose property or assets are unfairly seized.
No Warrant Required in Some Seizure for Forfeiture
Law enforcement officials may seize property or assets without a warrant. A police officer can seize property if he or she is arresting an individual or conducting a lawful search. The police can also seize your property without a warrant if you give permission for the search.
However, if property is seized without a warrant, the officer must possess facts that would lead a reasonable person to believe that a crime was about to be committed or that a crime had been committed. This is known as “probable cause.”
Criminal Prosecution Required for Seizure for Forfeiture Under $15,000
In 2017, the Ohio Legislature passed HB 347, which requires criminal prosecution to forfeit properties valued at under $15,000. This revision to Ohio’s strict forfeiture laws does provide some protection for innocent individuals, but it does not eliminate the possibility of error in higher value seizure for forfeiture cases.
Defenses for Recovering Seizures for Forfeiture by Police
Trying to recover your property or assets is complex. There are also tight deadlines. If you miss any of these important dates, you could automatically lose to a default judgment. This means that the state does not have to argue the validity of the forfeiture; they automatically win the right to sell or dispose of your property as they wish.
The attorneys at Joslyn Law Firm understand the process for seizures and forfeitures by law enforcement officers in Dayton.
Possible defenses that one of our lawyers may use to recover your property include:
- Officer approaching or searching an individual, home, or business without probable cause.
- Officer using undue force, prolonged detention, or other coercive measures.
- Officer fails to provide a receipt for the property.
- Other administrative or procedural errors in confiscating the property or the forfeiture process.
- Individual was not properly notified of impending forfeiture proceedings.
It is your right to have an attorney help you challenge the legality of the seizure and the potential permanent loss of your property or assets.
- Montgomery County Seized Properties for Sale – The Montgomery County Sheriff’s Office has regular sales of seized and foreclosed properties. Mortgage foreclosure sales are every Friday at 10:00 AM; tax sales are the first Thursday of every month at 10:00 AM, except for holidays. Both sales are conducted on the 10th floor of the Montgomery County Administration Building located at 451 West Third Street, Dayton, Ohio 45422.
- A Plan for Ohio Criminal Asset Forfeiture Law – This 81-page document from the Ohio Supreme Court is a comprehensive evaluation of Ohio’s seizure and forfeiture laws.
- Montgomery County Civil Law Division – The Civil Division is responsible for seizures for forfeiture in Montgomery County. Law enforcement agencies in Montgomery County receive nearly $130,000.00 in forfeited funds and vehicles each year.
- Dayton Daily News Public Notices – The state is required to publicly advertise sales of forfeited property, including contraband or abandoned property.
- Office of the Ohio Public Defender – This source contains information on multiple Ohio cases involving forfeiture as well as several laws regarding the forfeiture of different types of property.
- Forfeiture Procedures in the Drug Enforcement Administration (DEA) – Information on forfeiture procedures on property and assets seized by the DEA.
- Dayton Police Department Forfeited Vehicles for Sale – The DPD sells vehicles through a website that auctions excess property from the government. There is a link to properties listed by the DPD, and you can investigate the listings for more information.
- Attorney: Reynolds Likely Safe from Forfeiture in Case Against Ex-CEO – An attorney for former CEO Bob Brockman doubts that his former company, Reynolds & Reynolds, will be subject to forfeiture. Brockman was charged with 39 counts, including tax evasion, wire fraud, money laundering, and other alleged crimes.
- Man Who Stole 300 iPhones from Dayton Warehouse Pleads Guilty – U.S. Customs and Border Protection (CBP) seized 300 iPhones from a warehouse in South Brunswick. A 27-year old Dayton man pleaded guilty to theft from interstate or foreign shipment.
- Justice Department Seeks Forfeiture of Third Commercial Property Purchased with Funds Misappropriated from PrivatBank in Ukraine – Federal prosecutors are seeking forfeiture on millions of dollars of real estate in connection to potential fraud by PrivatBank. The Ukraine-based organization is accused of illegally purchasing opulent homes and mansions in the United States, including in Ohio.
Can the police seize personal property, such as jewelry?
Yes, police officers may seize any property or assets if they believe it is in connection to illegal activity. This includes jewelry, cash, cars, homes, and other assets.
Do I have to be under arrest for the police to seize or forfeit my property?
No, you do not have to be charged or even convicted of a crime for police to confiscate your property. However, you must be charged of a crime for the state to forfeit property that is valued at $15,000 or less.
How will I know if the state is going to start the property forfeiture process?
You should be notified by mail with the date, time, and location of a civil asset forfeiture hearing.
What proof does the state need to show to seize and/or begin the forfeiture process of my property?
The burden of proof on state prosecutors is to show that your property or asset was more likely than not used (or intended to be used) in a criminal act. This is known as preponderance of evidence and is the same burden of proof that is used in other civil legal actions, such as personal injury lawsuits.
I was not given a receipt for my seized property, and now the police tell me that it is missing. What should I do?
Police officers are required to properly notate and record any seized property. It may be in your best interest to connect with an attorney to help you challenge the seizure and to seek compensation for your missing property.
I am facing serious charges in addition to my property seized for forfeiture. Should I talk to two attorneys?
A criminal defense lawyer with Joslyn Law Firm is well-positioned to handle both your seizure for forfeiture and defend you on criminal charges.
Sometimes an innocent person is falsely accused or burdened with proving rightful ownership of seized property in Dayton. If this happened to you or a loved one, you deserve an aggressive legal advocate who will fight on your behalf.
Joslyn Law Firm has handled 20,000 cases for clients who find themselves dealing with criminal courts for a variety of reasons. We work closely with our clients and ultimately forge close relationships based upon respect, trust, and compassion.
If You Are Facing Forfeiture, Call Joslyn Law Firm Today
There is no time to waste when it comes to recovering property and assets that are rightfully yours. An attorney with Joslyn Law Firm can help you with seizures for forfeiture by the police in Dayton, Ohio.
If you have had property or assets seized, you could lose them permanently in forfeiture to the state. We can help strategize your best course of defense and assist you in either getting your property returned or seeking compensation for its value.
Get a free consultation with a member of Joslyn Law Firm today. Call (937) 356-3969. For your convenience, we offer 24/7 telephone assistance.