Civil Forfeiture Lawyers
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Understanding Civil Asset Forfeiture in Pennsylvania
Civil asset forfeiture laws in Pennsylvania allow law enforcement to seize property they claim is connected to criminal activity, even if the owner has not been convicted or charged. This can include cash, vehicles, homes, and other valuable assets. In many cases, the government only needs to show a connection to alleged illegal activity by a low legal standard of proof, such as a preponderance of the evidence.
These proceedings often move forward without meaningful notice or participation from the property owner, raising serious due process concerns. Many individuals lose their property simply because they do not challenge the seizure in court, making experienced legal representation critical to protecting and recovering assets.
At the Law Office of Gregory J. Pagano, we have recovered millions of dollars in assets – cash, real estate, automobiles and jewelry – from law enforcement on behalf of our clients.
Pennsylvania has one of the least stringent civil forfeiture laws in the country. Under these laws, the government can legally take property it claims is connected to illegal activity. This includes money, cars, even homes. The government does not have to convict or even charge the property owner in order to seize the property. For example, the government could seize a person’s car if it was used in a crime, even if the owner was never a party to the activity. In some cases, the state has seized an individual’s home even when the homeowner is not accused of any criminal activity.
Further, if you are charged with a crime and the charges are later dismissed, you are not immediately entitled to the return of your property that was seized by law enforcement. The government only needs to connect the property to a crime by a preponderance of the evidence in order to retain seizure of the property.
Property owners do not have the same constitutional rights in forfeiture cases as they have in other criminal proceedings. As such, many are never even notified their property is subject to forfeiture proceedings. In fact, most civil forfeitures in Pennsylvania end without the property owner ever appearing before a judge. This allows prosecutors to take the property without ever presenting evidence, raising serious concerns about due process and civil rights violations by law enforcement. Further, since there is no right to counsel, most give innocent parties give up and their valuable assets are never returned.
According to the American Civil Liberties Union, in the past decade, Pennsylvania law enforcement has taken over $100 million in private assets through civil forfeiture. In the most recent year on record, Pennsylvania seized $1.11 million in cash through civil forfeiture. The government retains 100% of the profits from the property they seize if it is not returned to the owner.
At the Law Offices of Gregory J. Pagano, we represent individuals whose property has been seized through civil forfeiture. We help our clients recover the property which rightfully belongs to them. We have had success getting the majority of our clients’ property returned even when they have pled guilty to a crime. Over the last few years, Pennsylvania has been more inclined to return property seized through civil forfeiture if the party is willing to come to court and fight for it. It is a common mistake for criminal defense attorneys not to try to get their client’s property back. At the Law Offices of Gregory J. Pagano, we can fight for you to get back the property that is rightfully yours.
At the Law Office of Gregory J. Pagano, We have recovered millions of dollars in assets – cash, real estate, automobiles and jewelry – from law enforcement on behalf of our clients
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Questions about Civil Forfeiture Lawyers
Our attorneys field these questions daily. Here are the most common ones — but every situation is unique. Call us for a direct answer about your case.
Speak with an AttorneyCan the government seize my property without charging me with a crime?
Yes. Pennsylvania has aggressive civil forfeiture laws allowing the government to seize property it claims is connected to illegal activity without ever securing a criminal conviction or even formally charging the property owner. You do not have the same constitutional rights in forfeiture cases as in typical criminal cases, which is why skilled legal representation is essential.
If my criminal charges are dismissed, will my seized property be returned automatically?
No, it is not automatic. The government only needs to establish a connection between the property and alleged illegal activity by a preponderance of the evidence in order to legally retain the property—even after your criminal charges have been dropped or dismissed. You must take proactive legal action to have your property returned.
Is it possible to fight a civil asset forfeiture proceeding?
Yes, it is entirely possible to fight it and win. While most civil forfeitures end without the property owner ever stepping inside a courtroom, Pennsylvania has increasingly been returning seized property when individuals fight the matter in court with tough, experienced attorneys. Many criminal defense attorneys neglect this step, but we make asset recovery a core part of protecting our clients.