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Asset Forfeiture

Asset forfeiture is the legal process through which law enforcement agencies seize property and assets believed to be connected to criminal activity. In Colorado, this practice is governed by Colorado Revised Statutes (C.R.S.) § 16-13-301, et seq. These laws outline when and how the government can confiscate assets and what rights individuals have to challenge the forfeiture. While asset forfeiture is often used to combat drug trafficking, fraud, and organized crime, it has also been the subject of controversy due to concerns over property rights and potential abuse by law enforcement authorities.

Denver Lawyer for Asset Forfeiture

If your belongings have been taken as part of an asset forfeiture case, you need to contact an experienced criminal defense and civil asset forfeiture attorney today.

Set up your first consultation with Law Office of Matthew A. Martin, P.C. by calling our offices at (303) 725-0017. Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area and surrounding counties including Douglas County, Arapahoe County, Adams County, Jefferson County, Broomfield County, and Boulder County.

Overview of Asset Forfeiture

Types of Asset Forfeiture
Types of Seized Property
Asset Forfeiture Proceedings
Common Defenses
Frequently Asked Questions
Hire an Attorney for Asset Forfeiture in Denver, CO

Asset Forfeiture under Colorado Law

Asset forfeiture occurs when the government seizes money, vehicles, real estate, or other property allegedly used in, or acquired through, criminal activity. There are two primary types of forfeiture in Colorado:

Criminal forfeiture – Requires a criminal conviction before property can be permanently seized. The forfeiture is part of the criminal case against the defendant, which could be tied to cases involving regular or auto theft, domestic violence, or white collar crimes.
Civil forfeiture – Allows law enforcement to seize property without requiring a criminal conviction, based on a lower burden of proof. However, Colorado has enacted laws to limit civil forfeiture and protect property owners, including H.B. 18-1020 (2018) and H.B. 17-1313 (2017), both of which increased the transparency requirements for asset forfeiture.

Colorado’s asset forfeiture laws are largely governed by the Colorado Revised Statutes (C.R.S.) § 16-13-301, et seq., which detail the procedures for seizing and forfeiting property.

Types of Seized Property

The police may seize any property or asset that they believe was involved in the commission or the proceeds of a crime, including:

Houses, land, office buildings, vacation homes, condominiums, and other real estate
Cars, trucks, motorcycles, boats, recreational vehicles, off-road bikes, and other vehicles
Furniture, artwork, guns, and collectibles
Jewelry, clothing, and furs
Cash, bonds, stocks, and other financial assets

If your home, vehicle, or other property was seized by the police, you will have to fight for its return. In civil cases, you are required to join suit against the government on behalf of the property – failing to do so will result in default judgement against your property, and therefore loss of the same.

Asset Forfeiture Proceedings

When the government seizes property under criminal forfeiture laws, it is necessarily tied to some supposed criminal activity. As a result, the relinquishing of said property only comes after it is proved that the property was not connected to the aforementioned crime.

Limited Revenue Sharing

Unlike in some other states, Colorado restricts how law enforcement agencies can use forfeited assets. Colorado Senate Bill 17-136 requires that assets valued under $50,000 cannot be transferred to federal agencies, reducing the incentive for aggressive seizures.

Asset forfeiture cases usually follow the same process.

Seizure of Property

Law enforcement will seize assets such as cash, vehicles, or real estate if they suspect they are linked to illegal activity.

Seizures commonly occur during arrests, traffic stops, or during drug investigations. Except in cases involving probable cause, the police are required to first obtain a warrant for the seizure of the property. This includes in cases involving civil asset forfeiture.

Notice of Forfeiture

Under C.R.S. § 16-13-504, authorities must notify the owner of the intent to forfeit the property.

Property owners have 30 days to file a claim to contest the forfeiture. In criminal cases, the loss and return of property often run concurrent to the outstanding criminal case.

Burden of Proof & Legal Standards

Colorado law requires that in most cases, the government must secure a criminal conviction before property can be permanently forfeited (C.R.S. § 16-13-505).

If a conviction is required, the state must prove that the property is directly linked to the crime.

The burden of proof in civil forfeiture cases is “clear and convincing evidence,” a higher standard than the “preponderance of the evidence” standard used in some other states.

Court Proceedings & Resolution

Asset forfeiture cases typically resolve along the following lines:

If the property owner contests the forfeiture, a court hearing is held.
If the government proves its case, the property is forfeited and may be sold, with proceeds distributed according to state law.
If the owner successfully defends the claim, the property must be returned.

The burden of proof in criminal forfeiture cases is generally on the state to demonstrate, beyond a reasonable doubt, that the property was involved in criminal activity. In civil forfeiture cases, however, the burden shifts to the property owner to prove that the property was not used in connection with a crime.

Defenses Against Asset Forfeiture

Property owners facing asset forfeiture in Colorado have several legal defenses available. These defenses depend on the circumstances of the case and the nature of the property seized. Some common defenses include:

Innocent Owner Defense – If the owner of the seized property was unaware of the criminal activity, they may argue that they had no involvement and should not be penalized.
Lack of Probable Cause – The government must have sufficient evidence to justify the seizure. If law enforcement lacked probable cause, the forfeiture could be challenged.
Disproportionate Forfeiture – Under the Eighth Amendment, excessive fines and forfeitures are unconstitutional. If the forfeiture is disproportionately severe compared to the offense, it may be overturned.
Procedural Violations – The government must follow strict legal procedures when seizing property. If law enforcement agencies fail to provide proper notice or violate due process, the forfeiture could be deemed invalid.
Return of Acquitted Property – If a defendant is acquitted of criminal charges, they usually have grounds to reclaim their property, unless the property was used by another person in the committance of the crime.

Frequently Asked Questions

Can law enforcement seize property without a conviction in Colorado?
Yes, but Colorado has enacted strict regulations limiting civil forfeiture. In most cases, a criminal conviction is required before property can be permanently forfeited.

What happens to seized property?
Forfeited property is typically sold, and proceeds may be used for law enforcement purposes, subject to state regulations. However, Colorado has laws limiting the use of forfeiture funds to prevent abuse.

How can I challenge an asset forfeiture in Colorado?
You can file a legal claim to contest the forfeiture, arguing that the property was not connected to criminal activity or that due process was violated. An attorney can help present evidence in court.

Are there any recent changes to Colorado’s forfeiture laws?
Yes. Senate Bill 17-136, passed in 2017, introduced stricter rules on asset forfeiture, including limiting cooperation with federal agencies for seizures under $50,000.

Can property be returned after a forfeiture?
In many cases, yes. If a court determines that the forfeiture was improper, or if the defendant is acquitted, the property may be returned. However, the process can be complex, and your best chance at success is to utilize legal counsel.

Hire an Attorney for Asset Forfeiture in Denver, CO

If your assets have been seized or frozen, don’t wait. Contact an experienced asset protection lawyer today.