Civil Forfeitures in Drug Cases in South Dakota
Civil forfeiture is a legal process in which the state can seize property that it believes was involved in criminal activity, such as drug trafficking. In South Dakota, the state may seize cash or property that it believes was acquired from the sale of drugs or used in the transport of illegal narcotics. In this article, we will examine how civil forfeitures in drug cases work in South Dakota and the steps the state must take to prove that the cash or property was involved in criminal activity.
Proving that the Cash was Acquired from the Sale of Drugs
In South Dakota, the state must prove that the cash was acquired from the sale of drugs. This can be a difficult task, as the state must show that the cash was directly tied to drug sales. To do this, the state may use evidence such as bank records, transaction records, and other documentation to show that the cash was used to purchase drugs or to pay for expenses related to drug sales.
Proving that the Property was Used in the Transport of Illegal Narcotics
In South Dakota, the state must also prove that the property was used in the transport of illegal narcotics. This can include vehicles, real estate, and other property that the state believes was used to facilitate the sale or transport of drugs. To prove this, the state may use evidence such as eyewitness testimony, surveillance footage, and drug-related items found on the property.
The Burden of Proof
In civil forfeiture cases, the burden of proof is on the state. The state must prove by a preponderance of the evidence that the cash or property was involved in drug trafficking. This means that the state must show that it is more likely than not that the cash or property was acquired from the sale of drugs or used in the transport of illegal narcotics.
Defending against Civil Forfeiture
If the state has seized your property in a civil forfeiture case, you have the right to challenge the seizure in court. You can do this by hiring a criminal defense attorney and presenting evidence that contradicts the state’s claims. For example, you can show that the cash was acquired through lawful means or that the property was not used in the transport of illegal narcotics.
Conclusion
Civil forfeiture is a powerful tool that the state can use to combat drug trafficking in South Dakota. However, it is important to understand that the state must prove that the cash or property was involved in criminal activity. If your property has been seized in a civil forfeiture case, it is important to seek the help of a criminal defense attorney to defend your rights and challenge the seizure.
Civil forfeitures are separate cases from the criminal case that also may be pending at the same time. In a civil forfeiture case the defendant does not have the 5th Amendment right to remain silent and can be required to sit for a deposition or be asked to answer written interrogatories under oath.
In many cases the amount of property that state seeks to seize is makes it difficult for a client to justify the cost of an attorney to fight the forfeiture. This Sioux Falls criminal defense lawyer believes that the process has been abused by the State who understands the cost benefit analyses some have to face when their property is seized.