A North Carolina criminal investigation can threaten more than just a person’s freedom. Cash, vehicles, firearms, digital devices, business property, and even real estate may be seized by law enforcement as part of a criminal case, particularly in drug investigations. What happens to your assets depends on how and why they are seized.
What Can Happen to Your Property During a Criminal Case?
Property may be seized as evidence, as alleged criminal proceeds, or as tools of a crime. Police can take drugs, cash, computers, phones, vehicles, lab materials, and records if they suspect these items are connected to illegal activity. Temporary seizure as part of evidence gathering is not the same as a court-ordered forfeiture, which can only take place after specific legal requirements are met, and this often includes a conviction.
When Can Assets Be Forfeited in North Carolina?
For most state offenses, North Carolina law allows forfeiture of drugs, cash, vehicles, supplies, and equipment shown to be connected to controlled substance crimes, but only following a criminal conviction. The court holds a separate hearing to decide whether property should be forfeited, and the state must show that the items were connected to the criminal activity.
Steps You Can Take to Protect Your Assets During a Criminal Case
If you’re facing criminal charges and you’re worried your assets are going to be seized, or you have been told that they are, thinking about how to respond can help reduce stress and legal complications.
Do Not Transfer or Hide Property
Don’t ever transfer or hide money or property in an effort to keep them away from law enforcement. This usually doesn’t work because they will find it anyway, and then you will likely face additional criminal charges.
Before making any significant changes to your finances or property ownership, speak with an attorney familiar with criminal and forfeiture law.
Keep Records Showing Where Your Property Came From
Make sure you have records and documentation showing that your assets came from a legitimate source. This might include bank statements, pay stubs, proof of inheritance or gifts, purchase receipts, loan paperwork, vehicle titles, business records, and tax returns.
Identify Property Belonging to Someone Else
Sometimes the police will seize property that actually belongs to someone else, like a spouse, family member, or business partner. If this happens, you should gather as much documentation as possible showing that the property or assets belong to someone else. This could include purchase documentation, registration, or financial records, demonstrating ownership and the nature of each person’s interest.
Do Not Consent to Searches or Forfeiture Without Understanding Your Rights
You’re never required to consent to searches or forfeitures. Don’t sign anything, and don’t give law enforcement permission to look at or take any of your property or assets. This doesn’t mean they won’t still go ahead and search and seize your assets based on a warrant or court order. But but agreeing to waive rights or claims without advice can make future recovery of property harder.
Keep Track of Everything Law Enforcement Takes
Request and retain property receipts and inventories for anything law enforcement removes. Note which agency or department is responsible and when the items were taken. Retain copies of warrants, seizure notices, or any communication about forfeiture.
Contact a Criminal Defense Attorney Early
If you believe your property or finances may be at risk in a criminal case, get legal help as soon as possible. Consulting a criminal defense lawyer in North Carolina promptly can help you protect your rights and your property. If you have any questions, reach out today to schedule your free case consultation.