Legal Question in Criminal Law in Minnesota

Re: Forfeiture of Property

There are numerous statutes that relate to forfeitures, including Minnesota Statutes Section 609.5311 "Forfeiture of property associated with controlled substances." Another one to look at, among others, is Minnesota Statutes Section 609.5314 "Administrative forfeiture of certain property seized in connection with a controlled substance crime." You can read Minnesota Statutes at a law library, or at the MN legislature's web site.

This area of law may be particularly difficult for non-lawyers to understand. Probably the most important, simple thing to beware -- is the extremely short deadline for appealing government seizure and forfeiture of property, which may be 60 days or less.

In certain cases and fact situations, it may be a defense to a forfeiture action that an innocent third party is the owner of the property, and therefore the law does not and the court should not allow its forfeiture.

In certain cases and fact situations, some will choose not to contest a forfeiture where they think it could be used by the government as an admission of ownership and possession of the property, which could possibly be used to imply possession of some contraband.

Considering and weighing legal options in a forfeiture case may be complicated, but is important. Your lawyer should be able to discuss with you and answer your questions about forfeiture law, and the bases for legal advice regarding it. Saying "good luck" sounds like a conclusion, possibly a warranted one. But, the lawyer should be able to discuss the basis for any legal conclusions or advice. In the end, it's the client's decision. Be aware of the short time deadlines, and discuss these issues fully with your lawyer before it is too late.