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Asset Forfeiture:

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Asset forfeiture occurs when a person suspected of a crime is required to hand over his or her assets to a particular law enforcement body. The suspected person may be required to forfeit their assets as well as any money. There are a number of different orders that may be made in relation to asset forfeiture which will require different obligations. Our Criminal Lawyers are experienced in the area of asset forfeiture and can advise you on your rights under an asset forfeiture order.

An asset forfeiture order may be made in the following situations:

  1. A person has been charged with a serious offence;
  2. A person is about to be charged with a serious offence; and
  3. A person has been convicted of a serious offence.

It is important to note that an asset forfeiture order may be made even before you are charged or if charged, before a conviction is found.

How is an asset forfeiture order made

An asset forfeiture order is made by an application to the Court. The Court will need to be satisfied on a balance of probabilities that an asset forfeiture order needs to be made as the defendant was engaged in a serious criminal activity within the last six (6) years of the application. If satisfied, the Court will issue the asset forfeiture order regardless of whether an offence was committed at the time or the assets were not related to the commission of the offence.

Once the order is granted, the person concerned will be notified in writing. The assets of the person will be considered forfeited to the Crown and the relevant law enforcement body will take possession of the assets. If you are notified of an asset forfeiture order, you must not dispose or interfere with the execution of the order as there are heavy penalties for doing so. You should obtain legal advice to understand your rights and available options. You may be able to defend against the order. However, this will require a filing of an application for an exclusion order. Our Criminal Lawyers can assess your individual circumstances and advise you on the appropriate course of action.

Law enforcement bodies

The law enforcement bodies to which assets and/or money may be forfeited to include:

  • NSW Director or Public Prosecutions;
  • NSW Police;
  • NSW Crime Commission; and
  • Commonwealth Director of Public Prosecutions.

Once an asset forfeiture order is issued by the Court, the relevant law enforcement agency will take action to seize the relevant items.

For further information in relation to asset forfeiture orders, contact our firm to arrange an initial consultation with an asset forfeiture lawyer. Our Criminal Lawyers have extensive experience in a range of asset forfeiture matters and will be able to provide you with the specialist advice you require. Call (02) 9233 4048 or send an email to info@navado.com.au.

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