Asset Forfeiture Defense in Rhode Island and Massachusetts

We identify the applicable filing window right away so the claim can be filed on time. In federal administrative forfeiture, the claim is due by the date stated in the notice letter, which must be at least 35 days after mailing (18 U.S.C. § 983(a)(2)(B)).

The government must connect your property to criminal activity. We challenge that connection at every stage: before trial, at hearings, and at trial.

In criminal asset seizure cases, the government must connect your property to criminal activity. We challenge that connection.

If you did not know about the illegal use of your property, or did all that reasonably could be expected to stop it once you learned of it, we build the record to prove it (18 U.S.C. § 983(d)).

A punitive forfeiture violates the Eighth Amendment’s Excessive Fines Clause when it is grossly disproportional to the gravity of the offense (United States v. Bajakajian). That protection applies in state cases too (Timbs v. Indiana). We raise proportionality arguments when the taking is out of line with the alleged offense.

Not every case needs to go to a hearing. We can negotiate for the return of seized assets with the seizing agency, the U.S. Attorney’s Office, the Rhode Island Attorney General, or the Massachusetts District Attorney, and we file petitions for remission or mitigation where they apply.

Generally, yes. Civil asset forfeiture allows the government to seize property it has probable cause to believe is connected to criminal activity, without charging the owner. You are not the defendant in these cases. Your property is. It is up to you to file a timely claim contesting the seizure, which is why acting quickly matters.

It depends on whether the forfeiture is federal or state, and whether it’s civil or criminal. In a federal administrative forfeiture, the claim deadline is the date stated in the notice letter, which must be at least 35 days after it is mailed. In Rhode Island, claims are generally due within 30 days of written notice or final published notice, whichever comes first. Missing the window can permanently waive your right to contest. Call us before doing anything else.

Federal law protects an owner who did not know of the illegal use of the property or who, upon learning of it, did all that reasonably could be expected to stop it. The owner must prove this by a preponderance of the evidence (18 U.S.C. § 983(d)). Rhode Island and Massachusetts law have their own innocent-owner protections with different tests. This is fact-specific and needs to be built carefully with counsel.

In civil forfeiture, yes. A criminal acquittal doesn’t automatically result in the return of property. The civil and criminal proceedings are legally separate, with different standards of proof. We handle both tracks at the same time to protect your property in each one.

That can raise a constitutional issue. In Timbs v. Indiana (2019), the Supreme Court held that the Eighth Amendment’s Excessive Fines Clause applies to the states, which reaches punitive forfeitures. If the taking is grossly disproportionate to the alleged offense, we challenge it on that ground. In federal civil cases, a court can also reduce or eliminate a grossly disproportional forfeiture (18 U.S.C. § 983(g)).

The first call is free. We’ll review the seizure notice, identify the applicable deadlines, and give you an honest assessment of the case before you make any decisions about representation.