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Sunday, November 1, 2015
By Michael Nichols
Categories: Drug Crimes
The quiet of night in your home is rudely interrupted by a flashbang. A loud thud is followed by the door flying open. It's a team in camaflouge with badges dangiling from their necks and guns pointed at your family. You are the target of a raid. Hours later, you are given a piece of paper. It is a list of almost everything of value to you and the officer in charge of the team says: "this explains to you what you have to do next." It is a forfeiture notice.
On October 19, 2015, Governor Rick Snyder signed into law 7 bills that will revise Michigan’s Civil Asset Forfeiture statutes. While these new laws are a step in the right direction, it is not enough to rectify the flagrant violations of civil liberties caused by civil forfeiture practices.
Civil forfeiture is a process by which law enforcement agencies may seize your property simply by claiming that the property in question was used in the commission of a crime or was the proceeds of a criminal act. You may lose your property forever based only on an allegation of illegal activity. This practice happens with greater frequency to families who use marijuana as medicine.
William J. (Bill) LIvingston is tracking civil forfeiture reform. He is analyzing the reform package and his article summarizing the changes will appear in the next issue of "BRIEFS" by the Ingham County Bar Association. Find the attorneys who stay on top of the latest legal changes and who are committed to results by contacting Bill LIvingston at the NIchols Law Firm at 517.432.9000 or wlivingston@nicholslaw.net