Property Used For Drug Trafficking Can Be Confiscated
Video Transcribed: What assets can be seized in an asset forfeiture in Oklahoma? I’m Tulsa attorney, James Wirth. And this is primarily governed by statute. And most of the asset forfeiture cases that we see in Oklahoma deal with the Dangerous and Controlled Substances Act, essentially drugs, illegal drugs.
And the statute that governs what property can be taken in relation to the drug trade it’s Title 63 Section 2-503 and has a few different things. Obviously, the controlled and dangerous substances, the drugs themselves, can be confiscated, drug paraphernalia as well.
But also any conveyances used for transporting drugs, whether that be a car, a boat, in aircraft, farm implements. Any of those are listed as potentially being subject to forfeiture to the benefit of the state. Any records associated with the drug trade, books, records, research, formulas, microfilm, tapes, data.
Anything, this is a big one, this is one that we see used most often, any things of value furnished or intended to be furnished and exchanged for a controlled, dangerous substance. So a lot of times, we’ll have clients that are pulled over.
They happen to just have money on them. And particularly some minority communities that don’t use the banking system a lot sometimes carry a lot of cash. We’ve had clients that are traveling cross country in order to purchase real estate or to purchase a business, or for other reasons. They get pulled over.
As part of that, they’re searched. They find large amounts of money and the state takes that money. Even if they don’t find any drugs or anything else that’s illegal whatsoever, they may operate assuming that this money is related to the drug trade. They take that money and then they file an asset forfeiture case requesting that the state be able to keep that money.
So that’s a big one that we see, all things of value, furnished or intended to be furnished in exchange for CDS. Also, all monies, coins, or currency are found in close proximity to any amount of forfeitable substance. So if you have money and there’s also marijuana found in the vehicle, or there’s another drug found in the vehicle, they take that money and say it was found in close proximity to a forfeitable substance. Therefore, we should be able to keep that.
And then lastly, all real property. That means real estate, land that is used or intended to be used. Doesn’t even have to be used. As long as they can say that you intended to use it in a matter to commit a violation of the Uniform Controlled Dangerous Substances Act, then they can request that that be forfeited to the benefit of the state.
So that’s a list of the ones that can be forfeited to the state where there’s evidence to do so when it’s related to a controlled or dangerous substances. There are other statutes that govern other types of forfeiture cases.
In any regard, if you’ve got questions about a specific circumstance, you’re going to want to talk confidentially to an attorney rather than just take the general information from this video. So contact to schedule an appointment for that and go online to makelaweasy.com.