The Eighth Amendment of the United States Constitution states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” While it is most commonly brought up in the context of the death penalty and the prohibition on cruel and unusual punishment, the Eighth Amendment is also hotly debated in criminal law, particularly when it comes to defining what constitutes “excessive” bail or fines. And nowhere is this more contested than in the area of asset forfeiture.
Asset forfeiture refers to a practice carried out by law enforcement where they seize a person’s private property on suspicion that either the property was used as part of a crime or may be used as part of a crime. Unlike most forms of criminal punishment, however, property seized through asset forfeiture doesn’t necessarily require someone to be convicted, or even charged, with a crime. As a result, many people can find themselves deprived of their property due to an alleged crime that they haven’t even been formally accused of.
Asset forfeiture means a real deprivation of money or property that can make it harder to afford legal counsel or the various costs associated with putting up a legal defense, and unfortunately, you don’t get your forfeited property back, even if your case never goes to trial. In effect, this can allow the police to seize people’s property at will by simply accusing them of a crime, dropping the accusations the moment they reach the court, and enriching themselves as a result.
The risk of asset forfeiture is one of many reasons you need legal representation if you’ve been accused of a crime. If you or someone you know has been arrested for a criminal offense, or your property has been seized by the police, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
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