(c) 2011, Brenda Grantland, Esq., updated 4/18/2011
notice: This article and the videos linked below may be linked
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Asset Forfeiture: How to File A Claim
The following video explains how to prepare and file a claim in a
federal forfeiture case, featuring an excerpt from FEAR's continuing
legal education video, Forfeiture 101, a two-hour crash course in
federal forfeiture law and procedure. This web video excerpt
contains only the basic first steps of filing a claim. Forfeiture
procedures are very complex, and the steps described in this web video
are only the first steps. If you are defending a forfeiture case
for the first time, this video is a start, but you also need to do some
research to educate yourself about the forfeiture laws and procedures
applicable to your case. The FEAR Law Library, on the website of
Forfeiture Endangers American Rights Foundation, www.fear.org,
provides free links to the federal and state forfeiture statutes.
You can also purchase the Forfeiture 101 DVD and FEAR's Asset
Forfeiture Defense Manual, as well as a subscription to the FEAR Brief
Bank on the FEAR website. These low cost materials will save you
many hours of research, and prevent the costly mistakes frequently made
by lawyers who try to wing it through forfeiture's treacherous maze of procedures
for the first time.
This video describes the claims procedure under federal law. If
your case is a state case, the procedures will vary. Consult the FEAR law library for the statutes for your state.
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