As discussed in a recent blog, certain criminal activity carries with it collateral consequences. A DWI will result in your license being revoked. Certain sex offenses may require registration as a sex offender. Certain felonies and crimes of violence will result in a loss of firearm privileges. Some criminal activity will also result in the forfeiture of property.
Recently, a Bird, Stevens & Borgen, P.C. client found himself arrested for fleeing a police officer on his motorcycle. The State of Minnesota found his driving conduct to be particularly egregious and, as part of the case, forfeited his motorcycle.
As required by law for this type of forfeiture, a hearing was held within 96 hours of the property being forfeited. Fortunately, the client moved quickly to hire Attorney Grant Borgen to represent him during the proceedings. Attorney Borgen reviewed the applicable law and found a narrow exception that would allow the client to have the motorcycle returned.
The State of Minnesota vigorously advocated against Attorney Borgen’s arguments. However, the judge, after carefully listening to Attorney Borgen’s arguments and conducting his own legal research, agreed with Attorney Borgen’s position and ordered the forfeited motorcycle to be returned.
The State of Minnesota–upset with the judge’s decision–sought to have it reversed. These efforts, however, were ultimately unsuccessful. The client was able to have his motorcycle back within approximately two weeks of it being taken.
If you have had property forfeited, your best bet is to contact a lawyer right away. Attorney Grant Borgen handles all aspects of criminal cases, including the forfeiture of property, and is always available for a free consultation.