DEA Cash Seizures Legal Help | DEA Cash Seizure Lawyer

DEA Cash Seizures: Your Rights and Options

Getting your cash taken by the DEA can be a scary and confusing experience. You worked hard for your money, and to have the government swoop in and take it – without even charging you with a crime – seems crazy. But it happens more often than you might think – and when it happens, you need a DEA cash seizure attorney at the Spodek Law Group.

The DEA seized over $4 billion in cash from people between 2007 and 2016 through a practice called civil asset forfeiture. Here’s the scary part –  over 80% of the DEA cash seizures occurred without a criminal charge, or any conviction. Let’s dig into how this practice works, your rights in the situation, and defenses with the help of a lawyer.

How DEA Cash Seizures Work

The DEA has the ability to seize your cash, cars, homes, or other valuables if they believe the property is connected to criminal drug activity.

Here’s how it works:

• The DEA identifies “suspicious” cash or property. This can happen during any traffic stop, a airport screening,  DEA raid, or other encounters with the government. DEA cash seizures often target large of cash and assets, but legally the DEA can seize any amount or any assets.
• The DEA will start a civil (not criminal) forfeiture case against the assets. They don’t need to charge you with a crime, or get a conviction. The point is against your cash or property, not you – and as a result it makes it even harder.
• The burden of proof flips around. In DEA cash seizure cases, it’s up to you to prove the property is “innocent” – that it has no tie to criminal activity. Otherwise, the DEA can keep it forever.
• You have a short window to act. You typically have just 30-60 days to move forward on the forfeiture case yourself, or hire a DEA cash seizure lawyer to handle it. If you miss the deadline, you lose your right to fight back and get the property back.

As you can see, everything is setup to see you fail as the owner of the property. Very few cash seizure targets are able to navigate the legal process, and deadlines, without an attorney’s help.

Why You Need a Lawyer for Cash Seizures

Let’s look at some reasons why it’s important to have an attorney on your side if the DEA seizes your assets:

• The law favors the DEA. Civil forfeiture laws give substantial leverage to law enforcement agencies and agents. Your attorney will know how to argue your rights and assert them.
• Mistakes can hurt you. Anything you say, or fail to say, or do, can be used against you later in the process. Your attorney prevents missteps.
• You have legal options. Options like filing a claim, or petition to get your property back, and requesting return of funds, for hardship aren’t obvious.
• The process is complicated. This is a complex legal process, there are deadlines and burdens of proof to petitions and claims. An attorney helps you manage each step.

Possible Defenses Against DEA Cash Seizures

If you have cash, assets, or property that were targeted for civil forfeiture, an experienced DEA cash seizure attorney will look at possible defenses to get it back. Here are some options:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Innocent Owner Defense

This defense says you did nothing wrong, and had no knowledge of any criminal ties to the property. It’s a very tricky defense because the burden is on you to establish your innocence. Your attorney will gather evidence like financial records, titles, sworn statements, etc. to build your case and prove your point.

Excessive Fines Claim

This defense argues the seizure violates Constitutional protections against excessive government fines. If the value of seized property grossly exceeds any alleged crime, your attorney will fight for return under the 8th Amendment – and it’s possible he, or she, will win.

Improper Seizure Argument

If the DEA improperly seized your assets, such as without probable cause, our attorneys can seek a return of the property – for violation of Constitutional rights against unreasonable searches and seizures under the 4th Amendment.

Hardship Claim

You can request the return of funds, or property if the seizure is causing significant hardship. For example, if the DEA takes cash you need for medical treatments it’s possible to get it back. Our attorneys will help document hardship and negotiate return of funds.

No Criminal Charges

If the deadline passes, and you are not charged criminally related to the seized property, this helps demonstrate innocence. It doesn’t guarantee return of property, but an attorney can leverage it to argue for release of your seized assets.

State Penal Codes Related to DEA Seizures

While DEA cash seizures happen under federal law, state codes can also come into play depending on factors like:

• Where the seizure took place
• Your state of residence
• Whether state agents were involved

Penalties for Drug Crimes Related to DEA Seizures

In cases where the DEA does bring criminal charges related to a cash seizure, you face serious penalties depending on factors like:

• Type and quantity of drugs involved
• Your role in the offense
• Criminal history

Here are potential federal sentences for some common drug crimes:

Drug Trafficking

• 5-40+ years in prison
• Up to $5 million+ in fines

Drug Distribution

• Up to 20 years imprisonment
• Up to $1 million in fines

Drug Possession

• Up to 3 years incarceration
• Up to $250,000 in fines

Drug Manufacturing/Cultivation

• 10 years to life in prison
• Up to $50 million in fines

These are strict federal guidelines only. State laws also apply and some states impose even harsher sentences. Don’t let a cash seizure turn into a criminal conviction without consulting an attorney on your rights and options.

Protecting Your Rights with an Attorney’s Help

DEA cash seizures happen every day across America. If it happens to you, don’t panic and don’t give up. With an experienced civil forfeiture attorney guiding you, you can work to protect your rights, fight back against unjustified seizures, and regain your hard-earned property.