What to Know About Fighting Civil Forfeiture in Indiana

Did you know that if you are arrested or charged with certain criminal offenses in Indiana, a law enforcement officer could seize your property? This type of action, known as “civil forfeiture.”  This is a serious issue in Indiana, and many residents have found themselves in the incredibly difficult position of having their property taken from them because of an alleged and often vague connection to a crime. Civil forfeiture often feels extremely unfair, particularly when the value of the property ordered forfeited is used to fund future law enforcement actions.  Having your property seized by law enforcement can be shocking, and it is critical to know that you can fight it. By working with one of the experienced Indianapolis civil forfeiture attorneys at Rigney Law, LLC.

It is essential to discuss the specific details of your case with an attorney, but in the meantime, we can tell you more about civil forfeiture in Indiana and how you can fight it.

Understanding Civil Forfeiture 

To fight the seizure of your property under civil forfeiture law, it is critical to understand how civil forfeiture law works in Indiana. It might seem completely unreal or unlawful or unconstitutional, but there are many different circumstances in which property can be seized.  Further, despite the alleged link to criminal activity the forfeiture is a civil matter and the burden at trial is a preponderance of the evidence, not beyond a reasonable doubt.

Civil forfeitures often occur in ways that appear vague, where the connection between the property and the alleged criminal offense is not always cut and dry. And, further, it is often extremely difficult to prevent the seizure of your property when you are arrested or charged with a criminal offense. Under Indiana Code Section 34-24-2-4, a law enforcement officer may be able to seize property either with a court order, or without a court order if “the seizure is incident to a lawful arrest or search, or to an inspection under an administrative warrant.”

To be clear, your property can be seized even if you are never convicted of an offense, and even if charges are not brought.

Fighting Civil Forfeiture 

In late October 2023, the Indiana Supreme Court, in State of Indiana v. Kizer, recognized that residents of Indiana whose property is seized through civil forfeiture law have a right to a trial by jury. According to the Associated Press, the Court emphasized that “the history of civil forfeiture proceedings, from medieval England to Indiana statehood, weighs in favor of letting a jury decide whether property allegedly associated with a crime should be seized by the state.”

In short, the Court ruled, “a claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to a trial by jury.” Previously, you only had the right to have your case decided by a judge.

Contact a Civil Forfeiture Lawyer in Indianapolis, Indiana 

If you need help fighting a seizure of your property under Indiana’s civil forfeiture law, you should contact an experienced Indianapolis civil forfeiture attorney at Rigney Law LLC today.

Sources:

codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-24-2-4/

apnews.com/article/civil-forfeiture-indiana-supreme-court-5b387f558ce16ef3ec91f8ac3197ea28