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Imagine your car, your savings, and even your home being taken away with little explanation or warning. Asset forfeiture is a legal process that allows authorities to seize property tied to allegations of illegal activity. But what if your property was unfairly targeted? For many, it feels like losing everything without having a chance to defend themselves, leaving lives disrupted and futures uncertain.

An experienced Colorado Springs, CO criminal defense attorney can help you challenge these actions, fight for your rights, and work to reclaim what’s rightfully yours. Contact The Law Office of Andrew Bryant to understand how we can help you.

Understanding Asset Forfeiture

In Colorado, forfeiture laws fall into two categories: civil and criminal.

Civil Forfeiture

Civil forfeiture does not require the property owner to be charged or convicted of a crime. Law enforcement only needs to show that the property is likely connected to illegal activity. For example, if a large amount of cash is found during a traffic stop and police suspect drug trafficking, they may seize the money even if no charges are filed.

Criminal Forfeiture

Criminal forfeiture, on the other hand, requires a conviction. In these cases, the government must prove that the property was directly involved in criminal activity or obtained through illegal means. This type of forfeiture is tied to the outcome of a criminal case.

Common Scenarios Leading to Asset Forfeiture in Colorado

Drug-Related Offenses

Many asset forfeiture cases stem from allegations of drug trafficking or possession with intent to distribute. Property such as cash, vehicles, and even homes may be seized if law enforcement believes they are connected to illegal drug activity.

White-Collar Crimes

Accusations of fraud, embezzlement, or money laundering often result in the seizure of financial assets. Authorities may freeze bank accounts or confiscate funds suspected of being obtained through unlawful means.

DUI Cases

Vehicles may sometimes be seized if they are linked to repeat DUI offenses or other serious traffic violations.

Weapons Offenses

Firearms and related equipment can be confiscated if they are believed to have been used in the commission of a crime.

Colorado’s Asset Forfeiture Laws

Colorado has specific laws governing asset forfeiture, which aim to strike a balance between combating criminal activity and protecting property owners’ rights. However, the process remains heavily weighted in favor of law enforcement.

The Burden of Proof

In civil forfeiture cases, the government must demonstrate by a “preponderance of the evidence” that the property is connected to illegal activity. This standard is much lower than the “beyond a reasonable doubt” threshold required in criminal cases.

Public Safety Enforcement Act

Colorado’s Public Safety Enforcement Act introduced measures to increase transparency and accountability in asset forfeiture cases. For example, law enforcement agencies must report seizures and their outcomes, and there are restrictions on transferring cases to federal authorities to bypass state laws.

Reclaim What’s Yours with a Colorado Springs, CO Criminal Defense Attorney

Asset forfeiture can feel like an unfair and overwhelming battle, but you don’t have to face it alone. At the Law Office of Andrew Bryant, we are dedicated to standing up for those who feel silenced by the legal system. We will carefully examine every detail of your case, challenge wrongful seizures, and work diligently to protect your rights and reclaim your property.

We understand how deeply personal these cases are, and we approach each with the attention and dedication it deserves. Send us a message through our online contact form or call us at 719-634-7353 to discuss your case and explore your options.