Last month, our firm was able to recover property that had been wrongfully seized from our client by the State, including over $136,000 in cash, a golf cart and dune buggy, a Porsche, and several firearms. The property was seized based on false allegations that our client, the owner of a hemp dispensary in Helen, Georgia, was selling illegal THC products.
While we were ready to take the case to trial, we never had to, as we succeeded in getting the State’s case thrown out entirely. Leading up to the trial, we filed three different motions to dismiss the State’s forfeiture complaint based on the State’s failure to follow the proper procedures in forfeiture cases. We argued these motions the day of trial, and the judge granted our motions the same day without needing to hear from a single witness.
It is true that law enforcement officers and prosecutors have broad discretion and authority to seize property from individuals and businesses and try to keep it based on allegations that the property was illegally obtained or used. That said, Georgia law does provide some important protections for property owners under Chapter 16 of Title 9, including stringent requirements that the State must meet before they can keep the seized property.
These include requirements that the State be specific in its forfeiture complaint when it comes to identifying the alleged crimes and the basis for forfeiture, and that the State and Court follow a specific timeline for scheduling forfeiture trials. If the State fails to meet these procedural requirements, the case must be dismissed and the property returned. That’s exactly what happened in this case.
Our client still has to defend himself from the State’s allegations in his separate criminal case, but he can do so now with access to his property, including additional funds for his defense. As such, this case highlights another important aspect of forfeiture cases—an aggressive approach in a forfeiture case can yield benefits for a client facing parallel criminal proceedings.
Not only will our client have more resources going forward now that his property has been returned, but he will benefit from the information and evidence we obtained from the State and its witnesses during the forfeiture proceedings. Since the State must act on a quicker timeline in forfeiture cases, a defendant has an early opportunity to attack the State’s case and learn more about the State’s theory for the prosecution. An aggressive defense attorney will always be able to get some benefit from defending a client facing parallel civil forfeiture proceedings, even where there the prosecution’s evidence is strong.
If you or your business has had property unlawfully seized by law enforcement, contact our firm. Our experienced forfeiture attorneys are ready to help you fight back against government overreach.
