Forfeiture Cases & Money Seizures

Delaware Defense Lawyer Working to Prevent Asset Forfeiture

Has a police officer seized your money?  Has the government frozen your bank assets?  Have you received a letter from the government informing you of their intent to seize your property?  

Under state and federal law, any property used to commit a drug crime can be permanently confiscated by the police. Forfeiture laws also allow law enforcement to take cash or property that they believe to be the proceeds of drug sales.  Unfortunately, unlike criminal law — where a person is presumed innocent until the government proves their guilt beyond a reasonable doubt — when it comes to alleged "drug money", your property is essentially “presumed guilty until you prove that it’s innocent.”  

  • Did you loan your car to a friend who was charged with transporting or selling drugs?  If so, the police can take your car, even if you weren't present.

  •  Did your boyfriend, child or spouse sell drugs from your home? If so, your home could be in jeopardy.

  •  Did the police confiscate a significant amount of cash in your possession even though you were never charged with a drug crime (or any crime at all)?  In some cases, the government seeks forfeiture of your money under the asset forfeiture law as “drug money” even though no drugs were found. 

While many believe that forfeiture law is a necessary and useful aspect in the war on drugs, the asset forfeiture laws have traditionally posed real hardships for many people whose property has been taken, including those who are wrongly accused of committing a drug crime as well as the innocent family members of drug users and/or dealers.

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"As a former prosecutor in charge of Delaware’s Drug Asset Seizure Unit, and as a criminal defense attorney who’s successfully fought to return more than a million of dollars in seized currency and personal property, I have seen many examples of unwarranted seizures. I’ll vigorously challenge unjust or unlawful search and seizure practices. I’ll investigate the facts that led to the seizure in the first place, and I’ll preserve your right to demand a return of property. I frequently work on behalf of innocent spouses, friends and family members whose personal property was seized by the police."

John Deckers routinely represents individuals in substantial property seizure cases.  Contact our law office for a free consultation about the forfeiture laws and the “return of property” process.