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Eugene Criminal Attorney – Drug Forfeiture Info

Forfeiture at the hands of the government is an especially damaging experience. Often this occurs when the accused is believed to be involved in illegal drug activity. If you find yourself facing forfeiture it’s time to hire a Eugene criminal defense lawyer from Veralrud and Fowler. We have sought to answer some of the most common questions we receive about forfeiture cases below.

What is forfeiture and when is it used in Eugene, Oregon?

Forfeiture is the seizure of property from a person by the government. The government has a right to seize property permanently and without compensation if the owner is allegedly involved in a crime. Often forfeiture is used in case involving drug offense. If it is believed that you were using your car to transport illegal drugs the government has the right to seize your car. The same applies to your house if it was used for drug production or sales. The government may also take items that were purchased with the profits from the sale of drugs or the money itself. In these cases you will not be reimbursed for what was taken.

With the aid of a Eugene attorney you can seek to reacquire your property through a forfeiture case. Hiring the right Eugene criminal defense attorney is crucial to the success of your case. At Veralrud and Fowler we have experience in successfully dealing with drug forfeiture cases.

What are my defense options in a drug forfeiture case?

The first form of defense you can seek is the Innocent Owner Defense. With this defense your Eugene lawyer will need to prove that you had no knowledge of the drug activity, and therefore, did not consent such activity with the use of your property.

There is also the Unreasonable Delay Defense. If the government takes an unreasonably long time to filing or bringing to trial your forfeiture case you can seek to have it dismissed on the grounds of unreasonable delay. An excessive delay in your trial process can harm your defense. It is your right to a speedy trial and if it’s infringed upon you have legal cause to seek its dismissal.

Illegal Search and Seizure is another form of defense in drug forfeiture cases. If you were searched and your property seized illegally you have the right to see any evidence obtained against you suppressed. It would be inadmissible in trial and could greatly harm the case of the prosecution, if not have it thrown out entirely.

Disproportionality can also be used in your defense. Legally, what is taken from you must be proportionate to the alleged crime. If the government takes $20,000 from your bank accounts and can only prove that $5,000 of it was used in illegal activity they have disproportionally seized. You would then have the right, with the aid of a Eugene criminal defense attorney, to be reimbursed the $15,000.

In drug forfeiture cases it’s vital that you seek the very best Eugene lawyer. At Veralrud and Fowler we have vast experience in forfeiture cases. We would be honored to provide you with a Eugene attorney.

If I’m found not guilty in my criminal case will my property be immediately returned to me?

If you were found not guilty in your criminal case any property taken as a result of forfeiture will not be given given back to you. Your attorney in Eugene Oregon will need to win your forfeiture case in order for it to be returned to you. A not guilty verdict in a criminal case is simply not enough.

Drug charges with forfeiture are especially difficult cases to navigate. Don’t leave your property in the hands of the government without a fight. At Veralrud and Fowler we can provide you with an experienced Eugene criminal defense lawyer to defend you. It’s time to regain your property and clear your name, call Veralrud and Fowler today 541-345-3333.

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975 Oak Street, Suite 798

Eugene, OR 97401

Phone  (541) 345-3333
Fax  (541) 342-1908

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