Asset Forfeiture

Asset Forfeiture Proceedings in Jefferson Parish

Asset forfeiture is a civil proceeding in which the State seeks to permanently take money, vehicles, or other property that it alleges represents the proceeds of illegal activity or was used, or intended to be used, to facilitate an illegal transaction.

Although a forfeiture proceeding may arise from a criminal arrest or investigation, it is separate from the criminal prosecution. The forfeiture matter may proceed at the same time as the criminal case and may be assigned its own filing or proceeding.

What Property May Be Seized?

Depending on the allegations, law enforcement may seize property such as:

• Cash
• Vehicles
• Firearms
• Real estate
• Bank funds
• Electronics
• Jewelry or other valuable property

The seizure of property does not, by itself, establish that the property is connected to criminal activity. The State must follow the applicable forfeiture procedures and establish a legal basis for taking the property.

Notice of Pending Forfeiture

In many Louisiana forfeiture cases, the formal process begins when the district attorney serves a Notice of Pending Forfeiture on the owner or another person claiming an interest in the property.

The notice should identify the property, the date and place of seizure, the conduct alleged to support forfeiture, and the procedures available for contesting the forfeiture. Louisiana law establishes deadlines governing when the State must initiate forfeiture proceedings and when seized property may be subject to release if those deadlines are not followed.

The Deadline to File a Claim

The deadline to contest a forfeiture is short.

Under Louisiana Revised Statutes 40:2610, an owner or interest holder generally must mail a claim to both the seizing agency and the district attorney within 30 days after receiving the Notice of Pending Forfeiture.

The claim must be sent by certified mail, return receipt requested. It must be in affidavit form, signed under oath, and include specific information required by law, including:

• The caption listed in the forfeiture notice or petition
• The claimant’s name and mailing address
• The nature and extent of the claimant’s ownership or interest
• How and when the claimant acquired the property
• The legal basis for asserting that the property is not subject to forfeiture
• The essential facts supporting the claim
• The specific relief requested

A defective, incomplete, or untimely claim may jeopardize the owner’s ability to recover the seized property. Louisiana law allows the court to grant an extension for good cause in limited circumstances, but a motion requesting an extension generally must be filed within 60 days after receipt of the Notice of Pending Forfeiture.

Why Immediate Legal Action Matters

A person should not assume that the criminal defense automatically protects money or property seized during an arrest.

The forfeiture claim must be handled separately and in strict compliance with the applicable procedural requirements. Missing the deadline or failing to provide the required sworn information may allow the State to proceed with forfeiture without fully litigating the owner’s claim.

Early legal representation may allow an attorney to:

• Identify the applicable filing deadline
• Prepare and properly serve the sworn claim
• Document the lawful source and ownership of the property
• Challenge whether probable cause supported the seizure
• Contest the alleged connection between the property and criminal activity
• Protect the interests of an innocent owner, lienholder, or other interest holder
• Seek the release of property when the State fails to comply with statutory deadlines
• Coordinate the forfeiture defense with the related criminal case

In some circumstances, an owner or interest holder may seek an early hearing on whether probable cause exists to continue holding the property. The availability and timing of that procedure depend on the circumstances of the seizure and compliance with the statutory claim requirements.

Asset Forfeiture and the Criminal Case

A forfeiture proceeding is civil even when it arises from the same facts as a criminal prosecution.

This distinction is important because:

• The property may remain seized while the criminal case is pending
• The forfeiture proceeding may have separate pleadings and deadlines
• The owner may need to assert a claim even if no criminal conviction has occurred
• Statements or evidence presented in the forfeiture matter may affect the related criminal defense
• Dismissal of the criminal charge may not automatically result in the return of the property

The forfeiture and criminal cases should therefore be evaluated together, even though they are legally separate proceedings.

Experienced Asset Forfeiture Representation

At Marino & Ehle, LLC, attorneys Joseph A. Marino III and Davidson S. Ehle III regularly represent clients in asset forfeiture matters arising from criminal arrests and investigations.

Our attorneys understand the strict notice, affidavit, service, and filing requirements involved in Louisiana forfeiture proceedings. We work to establish lawful ownership, document the legitimate source of seized funds or property, challenge the State’s allegations, and protect our clients from improper forfeiture.

Marino & Ehle, LLC has successfully recovered hundreds of thousands of dollars in money and other assets seized in connection with criminal cases.

Contact a Jefferson Parish Asset Forfeiture Lawyer

If law enforcement has seized your money, vehicle, firearm, or other property, do not wait for the criminal case to be resolved before seeking legal advice.

The deadline to file a valid forfeiture claim may already be running, and the criminal case does not automatically preserve your right to recover the property.

Contact Marino & Ehle, LLC promptly so that an attorney can review the notice, determine the applicable deadline, and take the necessary steps to protect your ownership interest.