DRUG OFFENSES AND CIVIL FORFEITURE

The War on Drugs

As a result of the “war on drugs,” many drug offenses carry a harsher penalty than violent offenses. Although many officials acknowledge the war on drugs to be a failure, the consequences for a conviction remain severe. These include incarceration, diminished job opportunities, and disqualification for certain federal aid, such as student loans.

Civil forfeitures skyrocketed as part of the war on drugs. Under the forfeiture statute, the police can seize property--house, car, and bank funds—based on suspected drug activity. If the police prevail in a civil forfeiture hearing, they are allowed to keep the proceeds from the seized property, even if the criminal charges are later dismissed. This financial incentive has led to questionable tactics and outright misrepresentations by law enforcement officers in order to obtain convictions.

Our record of success includes cases where we have:

• Challenged search warrants, resulting in the dismissal of charges and the return of seized property
• Won freedom for our clients at trial
• Taken cases to the appellate courts when justice could not be found in the trial court
• Recovered attorney fees for our clients by proving that the investigating officer acted with reckless disregard for the truth in obtaining the search warrant
• Obtained attorney fees that were incurred in successfully opposing a drug forfeiture.

The legal community recognizes our expertise in this area and we have been called upon to teach seminars to other lawyers on the most effective means of challenging search warrants. Recently we won at the Washington Supreme Court in upholding an award of attorney fees following a wrongful forfeiture of property.