Asset forfeiture in North Carolina creates serious problems for anyone who owns property that law enforcement links to criminal activity. The state has the authority to seize money, vehicles, real estate, and even business assets that it claims relate to illegal conduct. Many property owners lose assets without ever facing a conviction, which makes this process especially harsh. An asset forfeiture defense attorney helps you stand up for your property rights, challenge improper seizures, and pursue the return of what belongs to you.
What Asset Forfeiture Means in North Carolina
Asset forfeiture is a legal action where the state seizes property connected to alleged criminal activity. The troubling reality is that forfeiture may occur even when no conviction exists. Law enforcement often initiates the seizure based only on suspicion, and courts allow the process to move forward under a lower standard of proof than criminal cases. The burden often falls on the property owner to prove the assets are legitimate. That places you in a difficult position because you must defend property you worked hard to acquire against the state’s claim.
A defense attorney examines whether the seizure followed proper legal procedure and whether the evidence supports the state’s case. We explain your rights, identify weaknesses in the forfeiture action, and build a strategy aimed at recovering your property.
Property That May Be Seized by the State
North Carolina law allows the state to seize many types of property. Common examples include:
- Cash discovered during an investigation or arrest
- Vehicles used to transport drugs or other contraband
- Homes or real estate connected to alleged criminal conduct
- Bank accounts tied to suspicious transactions
- Business assets that prosecutors claim support criminal operations
The broad reach of forfeiture creates uncertainty for property owners. A single traffic stop with cash in your possession may trigger a seizure, even if the money came from lawful earnings. A home where law enforcement alleges illegal activity took place may also be at risk, even when family members had no knowledge of the claim.
Defenses Against Asset Forfeiture Actions
A strong criminal defense for seized property requires careful review of the facts and law. Common defenses include:
- Insufficient evidence: The state must show that the property more likely than not connects to criminal conduct. If the evidence falls short, the court should return your assets.
- Innocent ownership: If someone else used your property without your knowledge or consent for alleged criminal activity, you may assert that you bear no responsibility.
Steps to Take if Your Assets Are Seized
If the state seizes your assets in North Carolina, act immediately. Delay may cost you the right to contest the seizure. Take the following steps without waiting:
- Review and keep every document the state or law enforcement provided during the seizure. These documents contain important information about the reasons and legal grounds for the action.
- Contact a defense attorney who focuses on asset forfeiture. The sooner we review your case, the better chance we have to protect your property.
- Collect proof of the lawful source of your property. Bank records, pay stubs, business contracts, or other financial documents strengthen your defense.
- Follow deadlines. Courts impose strict time limits for filing claims or responses in forfeiture cases. Missing a deadline may result in permanent loss of your assets.
Taking these steps quickly improves your ability to challenge the forfeiture. We help you stay within the required time frames, prepare the strongest possible response, and present your case before the court.
Schedule a Consultation with a Criminal Defense Lawyer
Asset forfeiture threatens property that you worked hard to earn. If the state seizes your assets, contact the Law Office of Dewey P. Brinkley at (919) 832-0307 or by using the online form to schedule a free consultation. A consultation allows us to review the circumstances, explain your rights, outline a strategy for asset forfeiture defense, and pursue the return of your property.
During your consultation, we ask questions about the seizure, review any documents you received, and assess the strength of the state’s case. We also explain the defenses that may apply and discuss what actions we will take to challenge the forfeiture.
