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Under the New York state asset forfeiture law district attorneys are allowed to forfeit any ill-gotten gains and instrumentalities of a crime. However, New York prosecutors are not allowed to forfeit real property, unless it involves specific drug cases. This means that they cannot under any circumstance take your home. That doesn’t mean they won’t try, but chances are unlikely, they won’t succeed. There are certain asset forfeiture laws that prevent them from doing it, and you better believe your criminal defense attorney will exploit this law to the fullest. Often times people haven’t a clue about their rights regarding asset forfeiture. If you are in the position having your assets seized, you should call a New York state defense attorney as soon as possible.
The term ill-gotten gains covers a variety of items. This can be land, jewelry, electronics, clothing, bank accounts and even stocks. As the law stands right now, other than certain drug and organized crime cases, there is no mechanism of criminal forfeiture under New York state law. The New York State Penal Law Article 480 is the main criminal forfeiture law. The law also applies to Penal Law Article, which covers felony convictions for conspiracy and solicitation. However, unlike Article 13-A, Article 480 requires a much hire standard of proof. Only an experienced New York attorney with experience in asset forfeiture can give you the proper guidance concerning these issues.
The main criminal statute that defines corruption is the New York Organized Crime Control Act of 1986 (OCCA). The OCCA uses Article 13-A for criminal and civil forfeiture. Under this act, prosecutors must prove its case beyond a reasonable doubt. The court is given the discretion to set aside jury findings and substitute it’s own. The court also has the power to set aside a jury verdict as it sees fit.
In criminal forfeiture schemes, prosecutors are required to submit evidence to a grand jury that shows reasonable cause that the property should be forfeited. The grand jury must make the ultimate decision. The final point under the criminal forfeiture scheme states that the prosecutor may be ordered by the court to release discovery evidence as related to the case. But for whatever reasons, most prosecutors around the state of New York rarely use these statutes. However, if the crime reaches the level of a felony, district attorneys will use the statutes. They will ask the federal government adopt the seizures.
As most lay persons can see, the New York state asset forfeiture laws are very complex and confusing. The only way to get a real understanding is by contacting an attorney with years of experience in these matters. There are a number of highly-knowledgeable asset forfeiture attorneys in the Bronx, Manhattan and other areas of New York.
The laws can fall under a misdemeanor or felony. The main point to remember under the New York state asset forfeiture laws is that they are not cut and dry. In many cases, prosecutors attempting to seize someone’s property may be far easier said than done. There must be proof that the gains were not only ill-gotten but there has to be a direct link to criminal activity. Individuals who get arrested for crimes and face property forfeiture under the New York state laws need to find the best lawyer possible.
These lawyers have successfully defended many people and kept them from getting their property seized. In a number of these cases, the prosecutors were unable to establish reasonable doubt. There are other cases where the court stepped in and set aside jury findings. Individuals facing the possibility of asset seizure should find out everything they need to know about the law.
Your New York State asset forfeiture lawyer will help you explore your options. Having your property seized is one of the worst things that can happen, especially if you feel you are innocent. Your attorney will do use every legal remedy possible to ensure you are able to keep your asset in tact. Don’t delay. Call a defense attorney who specializes in asset seizure law. Most attorneys offer free consultations. They will also give you an honest assessment of what you should expect when you go to trial.
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