Everything You Need to Know About Drug Forfeiture in Mesa, Arizona

Are you dealing with a drug forfeiture issue in Arizona? This is considered a form of asset forfeiture used to prevent drug crimes and drug abuse. It may be used as a way to seize property as a civil action against the drugs themselves, not the person who owns them.

If you’re in a situation that involved drug forfeiture, it’s important to know what the process is like and what to expect moving forward. This article will look at what drug forfeiture is, why your property may be seized, and what steps you should take yourself.

Arizona State Laws Around Drug Seizure

Under federal and state laws, government agencies can seize property that is used to carry out a drug crime or that was obtained through a crime related to drugs. Asset forfeiture occurs when the ownership of a property moves to the hands of a legal or government authority.

After drugs or other property has been seized, it can be kept for an unspecified amount of time. In some cases, the property will go on to be auctioned off. On the other hand, if you can contest the forfeiture, the seized items will be given back to the person who originally owned them.

If you are dealing with a situation related to drug forfeiture in Mesa, Arizona, it’s important to speak with a professional attorney to find out what options are available to you.

Understanding Probable Cause

Seizures of property are often based on probable cause. There has to be sufficient, convincing, and clear evidence available. It’s typically presumed that the assets of any person could be subject to forfeiture if three things can be proven:

• Activities related to the forfeiture occurred.
• The property was taken while the actions were taken that led to the possibility of forfeiture or very soon after the actions occurred.
• There isn’t another likely source for the property other than actions that led to the potential for forfeiture.

If probable cause is not shown and this was the reason for the seizure, this could be used to show that the items taken should be returned to the original owner.

Forfeiture Related to Drug Crimes

In Arizona, property may be confiscated based on asset forfeiture laws when that property is related to drug crimes. The Arizona Revised Statutes section 13-3413 is the law to look at to understand this process a bit better.

It states that any items related to drug crime evidence or drugs may be subject to forfeiture. This includes a wide variety of items, including the following:

• Books
• Containers
• Chemicals
• Materials
• Property
• Vapor-releasing items
• Vehicles used to move drugs from place to place

In addition to the above items, money that is traced to a variety of crimes done for monetary purposes may also be taken from the owner. The proceeds taken can be seized if they can be traced to crimes that are indictable or chargeable using Arizona laws.

Crimes Occurring Outside of Arizona

If the crime occurred in another state but is chargeable or indictable if it had taken place in Arizona, the proceeds that are traceable to the crime can also be forfeited and taken.

Assets and proceeds can both be taken if the drug crime was done for monetary gain, involves any prohibited drugs, or would be punishable by a year or more’s imprisonment.

In addition to that, peyote, prescription drugs, narcotics, and other dangerous drugs that are taken during specific violations or that are possessed by a police officer will also be forfeited.

Destruction of Drug Crime Assets

If certain drugs, including marijuana, are taken and are seized in large amounts, up to 10 pounds of marijuana and a pound of other substances may be kept for the purposes of representation and evidence. The rest of the drugs will be destroyed.

The agency of law enforcement that is responsible for seizing property will be required to provide a written notice to the person who owned the property at least 24 hours before the remaining drugs will be destroyed. Photographs will be taken as documentation and the owner or their attorney can be present for the process.

If certain chemicals are seized that can be used to manufacture dangerous drugs like narcotics, the law enforcement agency that does the seizure can ask for an order that allows them to dispose of or destroy them.

A judge will be given an affidavit that notes the substances have a specific danger to life or property based on their toxicity. It should also be noted that the law enforcement agency does not have a property that can be used to store the chemicals safely.

The Arizona Revised Statute 13-4304 notes which types of property are exempt from the seizure process. As an example, the property owner’s interest can’t be forfeited if the interest holder or owner can show they purchased the item at value and not while going through with an illegal transaction.

Extra Information About Property That Can be Seized Through Forfeiture

Under Arizona statutes, law enforcement offers can seize items that are subject to forfeiture through various methods. As an example, assets may be taken based on Arizona rules of procedure, such as a seizure warrant. In other situations, the property can be taken without the need for a court process. This is most common when the seizure is made during an arrest or search.

No process is required to take assets if the items seized are the subject of a past judgment won by the federal or state government in a proceeding for forfeiture. Another way that seizure can occur without the need for a court process is if a police officer has probable cause that the item would be subject to forfeiture.

Possible Defenses for Forfeiture of Assets

When a police officer seizes assets, they are required to turn in a notice of pending forfeiture. In addition, Arizona must start the proceeds for forfeiture within 60 days of the seizure taking place. One of the best times to contest the seizure is during the 60 days between these two activities.

In some cases, it’s possible to argue that there was not a crime that was committed that makes forfeiture appropriate. In other situations, there may be a case to make that the connection between the asset and crime is weak and there is no way to prove that the items seized were obtained during a drug crime.

A third possibility that may be right for you, depending on the specific circumstances of the case, is to exhibit that the property that was taken is exempted from forfeiture based on Arizona statutes.

Determining the right way to defend against a drug forfeiture will vary based on the exact situation. This is why it’s essential to have someone in your corner who knows the law forward and backward. Your best defense is having a competent lawyer from Mesa, Arizona, who can take up your cause and help.

Speak to an Experienced Mesa, Arizona, Attorney

If you are dealing with drug forfeiture, it can make a drug case even more challenging. The best thing you can do to move forward is to speak with a seasoned attorney who has experience with these cases in the past. Reach out to an attorney in Mesa or the surrounding areas to ensure your case ends in the best way possible.