If you are facing criminal charges in Ohio, both the state and the federal government have the power to seize your home, car, or other personal property, along with any financial assets you possess. Even if you are found not guilty of committing a crime, getting this property back can prove challenging. At the VanNoy Firm, our experienced Dayton property seizures attorneys are dedicated to protecting and defending your rights against these actions, and can assist you in recovering any property or assets that have been seized.
Under Ohio asset forfeiture laws (ORC 2981.01), the state has the right to seize any proceeds that are alleged to have been earned as the result of illegal activities, along with any property or assets connected with the criminal charges.
Property seizures are common in violent crimes, drug or gang related cases, and with white collar crimes such as money laundering and embezzlement. By law, the amount of property seized must be in proportion to the crime committed. Types of property and assets that may be seized include:
Property seizures can also occur in civil cases. To protect citizens against seizures on the basis of allegations alone, House Bill 347 was recently passed in January 2017. This requires criminal charges to be filed in a case before a seizure can take place.
With certain types of criminal charges, such as racketeering, drug trafficking, or terroristic threats, the federal government may have the authority to seize your property as well. In addition to the U.S. Department of Justice (DOJ), agencies authorized to use property seizures include:
Once property has been seized by either a state or federal agency, it generally requires an experienced attorney to reclaim it, even if you are found not guilty or your charges are dropped.
If you have been accused of a crime and have had property seized, contact the VanNoy Firm right away. We can help strategize your best course of defense and assist you in reclaiming what is yours. Call or contact us online to request a consultation with our Dayton property seizure attorney today.
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