{"id":352348,"date":"2024-01-25T16:24:13","date_gmt":"2024-01-25T21:24:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/asset-forfeiture-laws-by-state.html"},"modified":"2024-01-25T16:24:13","modified_gmt":"2024-01-25T21:24:13","slug":"asset-forfeiture-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/asset-forfeiture-laws-by-state.html","title":{"rendered":"Asset Forfeiture Laws by State"},"content":{"rendered":"\n
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Asset Forfeiture Laws by State<\/h1>\n\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

The details of asset forfeiture laws vary by state. But across states,  the government must file a civil action against the property itself in order to seize it. This action allows law enforcement officers to seize property they suspect was obtained by or used to further criminal activity.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Civil asset forfeiture occurs when the government permanently takes a person’s property. This can occur even though the person does not face criminal charges<\/a> or have a pending criminal case.<\/p>\n

A criminal law attorney<\/a> can help you understand your legal options if you believe your assets have been wrongfully seized. They can also help you challenge the forfeiture and protect your property.<\/p>\n

This article describes civil asset forfeiture. It also provides a chart summarizing each state’s laws governing asset seizure, including burden of proof and guidelines for forfeiture proceeds.<\/p>\n

How Civil Forfeiture Happens<\/h2>\n

 More specifically, police can seize property if they believe it was:<\/p>\n