Asset Forfeiture

Asset forfeiture in criminal cases is when the State seizes money or property that they believe to be the proceeds of illegal activity or were used or intended to be used in an illegal transaction and attempts to forfeit it. The owner of the property seized must file a claim within a short time period in the form of a signed sworn affidavit or he will lose the property seized.

In Louisiana asset forfeiture begins with a Notice of Pending Forfeiture. A claim must be filed to the District Attorney and the seizing agency in accordance with R.S. 40:2610. This is a civil proceeding that can occur at the same time as a criminal proceeding.

At Marino & Ehle we regularly handle asset forfeiture cases in connection with criminal arrests. We are well familiar with the law and procedure to protect your assets from forfeiture. We have been successful in recovering hundreds of thousands of dollars and assets seized in criminal cases.

Frequently Asked Questions

What do I do if my money or property have been seized by the police?

When your money or property is seized you need to immediately contact a qualified criminal defense attorney to avoid forfeiture. If the proper claim isn’t timely filed you will lose your property.

What is the most common reason for an asset forfeiture?

The police seize money believed to be the proceeds of drug activity or intended to be used in a drug transaction.

What type of fee do attorneys charge to represent someone in an asset forfeiture case?

Usually attorneys charge a percentage of the amount recovered similar to the attorney fees in personal injury cases. Some attorneys charge an hourly rate or a flat fee as well.

Our Experienced Trial Lawyers

Joe Marino

A proven criminal defense attorney assisting clients across Jefferson Parish with decades of courtroom experience, legislative leadership, and significant judicial service.

Davidson Ehle

Davidson Ehle is a seasoned AV-rated trial attorney recognized for criminal defense victories, appellate advocacy, and respected leadership in the Jefferson Parish bar.