Legal Question in Criminal Law in Tennessee
criminal liability?
setting : Daughter and husband would be using our now vacant retirement home rent free in Tn in exchange for yard work.
Question : if dubious behavior (marijuana) possibly develops, would authorities try to confiscate our property under Ricco or other applicable laws even though we had nothing to do with this. ( I am worried that our only asset could be at risk. I have no proof or precedence, but only anedoteal info from young adult behavior nationwide) Thank you.
--name removed--s
3 Answers from Attorneys
Re: criminal liability?
The short answer is Yes! it can be confiscated espicially if they believe that there is not only use but sale of marijuana going on there. As a former HITDA DA it's we would always try to attach property in order to put the Defendants feet to the fire. This would fall under civil forfeighture law.
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Thanks,
Musa
Re: criminal liability?
im not in tn but my strong guess is you could have your home seized for that.
Re: criminal liability?
WOULD police try to seize it? Not likely. COULD they try to seize it? Certainly. Remember that the next time you hear some politician talk about how "tough" on drugs he is. Routinely they are talking about supporting schemes such as this were honest, law-abiding people end up having their property seized. And remember that your child would not even need to be dealing or using drugs. The police could arrest a friend in their home, or the police could simply CLAIM there was drug traffic out of the home, even though they never arrested or charged or convicted anyone for it, and you then have the burden of proving that it WASN'T used that way -- proving the negative being relatively difficult. The forfeiture laws in this country are terrible.
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