Frequently Asked Questions

Civil forfeiture is a legal process by which the government seizes assets from individuals suspected of involvement with crime or illegal activity without necessarily charging the owners with wrongdoing. In British Columbia, the Civil Forfeiture Act allows for the seizure and forfeiture of property related to unlawful activities.

Once a referral is made to the Civil Forfeiture Office, if they believe there is enough evidence, they can start a civil court process. They do not need a criminal conviction or even a criminal charge to be laid to proceed with civil forfeiture. If successful in court, the property is forfeited to the government.

Any type of property can be seized under civil forfeiture, including but not limited to, houses, vehicles, cash, and personal belongings, if it is believed to be the proceeds of crime or used in the commission of an unlawful activity.

No, civil forfeiture is a separate legal action from any criminal charges. The government can initiate civil forfeiture proceedings even if you have not been convicted or charged with a crime. The burden of proof in civil forfeiture cases is lower than in criminal cases, making it important to mount a strong defence.

If your property is seized through civil forfeiture, you may permanently lose ownership and control over it. The government can sell or retain the seized assets, and the proceeds are typically used to fund law enforcement activities. Losing valuable assets can have significant financial and personal implications.

There are various defences that can be raised in civil forfeiture cases, including lack of evidence connecting the property to unlawful activities, lack of knowledge or consent, procedural irregularities, and violations of your constitutional rights. A skilled lawyer will assess the specific circumstances of your case and develop a tailored defence strategy.

If your property is seized, it is important to consult with a lawyer specializing in civil forfeiture defence as soon as possible. They can guide you on the necessary steps to protect your rights and assist you in navigating the complex legal process. Prompt action is crucial to maximize your chances of success.

You should contact a lawyer as soon as possible after your property has been seized. There are strict time limits for responding to a notice of civil forfeiture. Failing to respond promptly could lead to you losing your property by default.

While the process of recovering seized property can be challenging, it is not impossible. With the assistance of a skilled lawyer, you may be able to mount a successful defence and regain possession of your property. The outcome will depend on the specific facts and circumstances of your case.

Reclaim Law focuses solely on civil forfeiture defence. We guide you through the legal process, help build a strong defence, and strive to protect your rights and assets. We have extensive experience and a strong track record in this niche area of law.

The length of the civil forfeiture process can vary greatly depending on the complexity of the case, the amount of property involved, and various other factors. It's important to have a lawyer who can navigate this process effectively on your behalf.

In some cases, you may be able to recover your legal costs if you successfully defend against a civil forfeiture. However, this is not guaranteed and is typically at the discretion of the court.