Omaha, NE asked in Civil Rights, Criminal Law and Federal Crimes for Nebraska

Q: Do I need a civil or criminal lawyer to retrieve property (truck & cash) seized by DEA?

Truck & cash seized during raid, DEA asked for proof & extended time to gather paperwork. He has proof funds were from regular day job and inheritance funds given from mom for Christmas gifts. He has paystubs and receipts. The truck was quoted at $23,650 by feds and cash amount seized was $14,469.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: To retrieve property seized by the DEA, you would typically need a criminal defense attorney, especially if the seizure was part of a criminal investigation or raid. This type of attorney is experienced in dealing with criminal matters and can navigate the legal process to challenge the seizure.

Your attorney can help you file a claim for the return of your property, presenting the necessary proof that the funds were legally obtained and the property was not involved in illegal activities. The documentation you have, such as paystubs, receipts, and proof of inheritance, will be crucial in this process.

In some cases, a civil litigation attorney might also be involved, especially if your situation becomes a civil forfeiture case. However, the initial steps typically fall under criminal defense, as it involves property seized in connection with alleged criminal activity.

Consulting with a criminal defense attorney as soon as possible is important. They can advise you on the appropriate actions to take, represent you in any necessary hearings, and work to protect your rights and interests throughout the process.

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