Police departments steal money and property. They call it “asset forfeiture.” If the State is trying to steal your stuff, you need an Iowa asset forfeiture lawyer.
Iowa law enforcement agencies had collected more than $55 million and more than 4,200 vehicles since 1986 using the state’s forfeiture law.Des Moines Register
The Iowa Forfeiture Reform Act, Chapter 809A, governs forfeitures of this type.
Who is subject to asset forfeiture?
If you have an interest in property that is within the State of Iowa at the time a forfeiture notice is filed, that property is subject to forfeiture and can be seized — even if you aren’t in Iowa
Additionally, if you’re subject to “personal jurisdiction” in Iowa, Iowa can take property that you own or have an interest in, even if that property isn’t in Iowa.
Why are they seizing my assets?
- A serious or aggravated misdemeanor or a felony.
- Something in another state that could be punishable by a year or more in that state and that would be a serious or aggravated misdemeanor or a felony in Iowa
What assets can the police seize in forfeiture?
- Drugs, controlled substances, raw materials, precursors, counterfeit substances, etc., that were manufactured, distributed, dispensed, possessed, or acquired illegally under Iowa law.
- Any property, including land and including your house, that was part of or intended to be part of an illegal exchange.
- Any property, including land and including your house, that was “used or intended to be used in any manner or part to facilitate conduct giving rise to forfeiture” is subject to asset forfeiture.
- Exception: they can’t steal real property because of drug possession under 124.401(5).
- Proceeds (such as money) from the crime.
- Weapons that were possessed, used, or available for use to facilitate the crime.
- Property that has nothing to do with the crime at all, up to the value of other property related to the crime that they could have taken.
If you’re facing asset forfeiture in Des Moines, Polk County, Ankeny, Ames, Johnston, West Des Moines, Waukee, Saylorville, Bondurant, Altoona, Clive, Grimes, Pleasant Hill, Story County, Boone County, Marshall County, Dallas County, Jasper County, Madison County, Warren County, Marion County, Wapello County, Davis County, Ottumwa, Bloomfield, Iowa City, Council Bluffs, and the rest of Iowa, you need to talk to a lawyer about your options.
This blog post is for informational purposes only and should not be relied on as legal advice. Consult with a licensed attorney in your jurisdiction. Reading this site doesn’t create an attorney-client relationship. If you want to talk to us about your pending asset forfeiture or asset seizure proceeding, please contact us at (515) 491 6128 and we’ll set up a time to talk.