Articles Tagged with civil asset forfeiture

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Charlotte Criminal Lawyer Brad Smith answers the question: “Should I clean up my social media profile after being charged?”

We have discussed civil asset forfeiture cases previously, noting each time how these important matters tend to happen under the radar. Few people understand that the police have the power to simply take a person’s property. Even fewer realize just how low the burden of proof is in many states to justify the seizure of property. Thankfully, after a recent investigative report by a news organization in Chicago, the matter received significant attention, enough to prompt the legislature to take action.

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Charlotte Criminal Lawyer Brad Smith answers the question: “If I am charged by campus police could I still face jail time or probation?”

It’s something relatively few people have experienced (thankfully), but if and when you do, the practice likely comes as a terrible surprise. Police, unbeknownst to many, have the right in many states to stop people and seize assets they believe might have some connection to a criminal act. These seizures can take place without first convicting a person of committing a crime and, in some cases, even without ever charging the person with a crime. The practice likely seems shocking given that it appears to run counter to one of the foundational ideas of the American criminal justice system: that all people should be treated as innocent until proven guilty.