Law Office of Carlos A. Medina, PLLC Law Office of Carlos A. Medina, PLLC

Forfeiture

Aggressive Criminal Defense Available to Fight For Your Future

Tucson Forfeiture Attorney

Protecting Your Assets & Personal Property

Forfeiture laws can be confusing and without proper legal representation, your personal assets may be seized by the federal or state government. You need the advice of an experienced Tucson forfeiture lawyer. The Law Office of Carlos A. Medina, PLLC represents clients in criminal cases and related forfeiture of assets and personal property.

We encourage you to contact our firm at (520) 251-9561 for a free in-person consultation with our Tucson criminal defense lawyer.

Forfeiture Law in Arizona

Arizona state law allows forfeiture of proceeds and instrumentalities of crime. The law does not allow forfeiture of real property in criminal cases, other than in drug cases. For this reason, your home is most likely safe, if you are not facing drug charges.

The assets that are subject to forfeiture may include:

  • Cash obtained from a crime
  • Bank accounts
  • Personal property
  • Property that is considered an instrumentality of a crime

There are two types of forfeiture: civil forfeiture and criminal forfeiture. In criminal forfeiture, a conviction is required before it is possible for money, property, and other assets to be seized by the government. Even after conviction, only money and property that is directly related to the criminal offense may be taken.

Effective Legal Representation is Essential

Forfeiture is controversial because it has become big business for the government. The government has been accused of taking money, cell phones, and other property without just cause. This is why it is imperative to have a Tucson criminal defense attorney to fight forfeiture on your behalf. Attorney Carlos A. Medina can advise you of your rights and develop an effective strategy to fight forfeiture and help you retain your property and personal assets.

If you need help with a forfeiture case, call (520) 251-9561 to schedule a free consultation with our criminal defense lawyer in Tucson.

    
     
    
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    • Do I have to consent to a search of my home or vehicle?
      A: The Fourth Amendment to the U.S. Constitution offers protection against unreasonable searches and seizures. This means that law enforcement cannot simply search you or your property or make an arrest without probable cause. You have the right to refuse a law enforcement officer’s request to search your car or your home, but if they have a warrant or believe they have probable cause, they may be able to conduct a search. If you believe your property was illegally searched, an attorney can assess the situation and determine whether this can be used to your advantage in challenging your arrest or charges.
    • What are my rights if I'm arrested?
      A: If you’re arrested, you have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. These rights are essential, as anything you say or do after you are taken into custody may be used against you in court. Exercise your rights and protect your interests.
    • If I refuse to give a statement or answer a question, will I face criminal charges?
      A: As already mentioned, you have the right to remain silent. You can politely refuse to answer questions posed to you by a police officer, and you should not face criminal charges simply for exercising this right. Depending on the situation, however, you may still be arrested and taken into custody. Be sure to request to speak to your attorney, who may be able to challenge an unlawful arrest.
    • What is a plea agreement? Should I accept it?
      A: A plea agreement typically involves lesser charges or punishment offered in exchange for a plea of guilty or no contest. Do not accept a plea offer without first talking to your attorney. You need to be certain that this is in your best interests. In some cases, a skilled criminal defense lawyer may be able to fight your charges and help you avoid a conviction altogether – which is far more advantageous than any plea agreement.
    • If I’m innocent, do I really need an attorney?
      A: Guilt or innocence aside, your future is in jeopardy in the face of criminal allegations. You need an attorney who can protect your rights to show the judge and jury that you are innocent. Legal processes must be followed, and attempts by the prosecuting attorney and law enforcement to secure a conviction must be effectively countered. Even if you are innocent, you need a professional to handle your case.