Criminal Forfeiture

Former federal prosecutor Richard Rice and the attorneys of The Rice Law Firm, LLC are Atlanta Criminal Forfeiture Attorneys who specialize in criminal forfeiture cases. Unlike civil or administrative forfeiture, however, the Government can only bring a criminal forfeiture case in conjunction with a criminal indictment, i.e., criminal charges.

The Government initiates a criminal forfeiture proceeding by including a forfeiture allegation in the criminal indictment, usually as a separate charge. Even experienced criminal defense attorneys often overlook this critical requirement because those attorneys do not have experience in criminal forfeiture cases. If the Government fails to include a forfeiture charge or allegation in the indictment, then the Government may be precluded from seeking criminal forfeiture even if the owner of the property is eventually convicted of the criminal offenses. This is yet another instance where you need an experience Forfeiture Attorney. Little omissions may doom the Government’s case and may save your property, but unless you have an experienced Forfeiture Attorney like Richard Rice, your attorney may be unaware of the problem and may miss the opportunity to save your property from forfeiture.

The benefit to the Government in bringing a criminal forfeiture case, versus a civil or administrative forfeiture case, is that the Government has the full force and effect of the criminal investigation and prosecution at its benefit.

However, a criminal forfeiture case has serious limitations. A criminal forfeiture case only forfeits whatever interest the criminal defendant has in the property. In other words, if a criminal defendant owns property jointly with a spouse or business partner or simply a co-owner, the criminal forfeiture does not affect the rights of the spouse, partner or co-owner.

Do not let the Government take your property. When you are facing a administrative forfeiture, civil forfeiture, or criminal forfeiture, you need an experienced Atlanta Forfeiture Attorney. You need Richard Rice and the attorneys of The Rice Law Firm, LLC.

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