I trust that those of you pronouncing the law concerning forfeiture are
attorneys, licenses in your jurisdictions in good standing. If so, then one
might want to review, merely as a starting point, the Fifth Amendment to the
United States Constitution (i.e., the "due process clause," which does not
prohibit the taking of private property, but merely requires that the
government provide due process when doing so.) Once one has the basics of
the 5th clearly in mind, a review of the pertinent federal due process/
takings case authorities would be in order, followed by a similar review of
the parallel authorities under your state's constitutional and statutory
law. At that point, and after becoming similarly well versed in the
substantive and procedural laws concerning forfeiture, one *might* be quite
eager to retract statements such as that below, and thereby keep one's
license in good standing should one be called upon to defend a forfeiture
action on behalf of a client.
On the other hand, if you are not attorneys, perhaps one should hesitate a
bit before making grand sweeping statements regarding the law, just as
newbie programmers should hesitate to state authoritatively the nuances of
C++ syntax.
End of rant. On a more constructive note:
The original poster should secure legal advice - from an attorney
experienced in the criminal law and forteiture matters - ASAP. Forfeiture
actions typically are civil suits, which require a formal answer to the
court within a limited time in order to preserve legal rights or status.
However, because the possibility of a formal criminal action is possible,
missteps in the civil action could have dire consequences in any criminal
case. Think of it as the legal version of wearing snowshoes through a
minefield. Bottom line: Nikki is so very right -- seek competent legal
counsel. Now. If things go well, your attorney might be able to provide
compelling proof of your innocence, or at least of the lack of credible
evidence of guilt. Perhaps even before formal charges are leveled.
Good luck !
----- Original Message -----
From: Burke, Thomas G. <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, June 28, 2000 2:15 PM
Subject: RE: I've Been Framed
> And the wonderful part of the forfieture law is that it's unconstitutional
> ...
>
<snip>
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