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asset forfeiture, Hartford criminal defense attorneyIt is rare for lawmakers from opposing parties to completely agree on a particular topic. When they do, the correct path is often so glaringly obvious that it transcends party lines and truly promotes the common good. Such was the case earlier this year when a bill regarding the forfeiture of assets seized in criminal investigations was put to a vote in the Connecticut legislature. In both the House and Senate, the measure was passed unanimously, and earlier this week, Governor Dannel P. Malloy signed the bill into law. The new law looks to protect the rights of citizens by requiring a conviction before the government can permanently confiscate a person’s assets and property.

Understanding Asset Forfeiture

Private assets are often seized by law enforcement and government entities when a person is arrested on criminal charges. If the assets are deemed to be related to criminal activity, the government may look to keep them permanently either as part of the criminal proceedings or in a separate matter in civil court. Prior to the passage of the new law, however, civil asset forfeiture did not require the property owner to be convicted first. Estimates suggest that Connecticut police departments and prosecutors generated nearly $18 million in asset forfeiture between 2009 and 2016, with nearly two-thirds coming from civil proceedings without requiring a conviction.

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