If you are accused of a drug crime in Washington, there are many potential penalties you could face. In addition to criminal charges, drug crime suspects are also subject to personal property seizures and forfeitures by law-enforcement. This means that police can seize your personal property if they believe that it was used to commit a drug crime. Additionally, if action is not taken in a given time period, you may miss your chance to request a hearing to get your property returned. If you have been arrested for a VUCSA crime and had your personal property seized during the arrest, contact a Seattle drug crime defense attorney right away to find out more about your rights.

Seizure and Forfeiture Laws in Washington

Property can be seized by police if it is involved in almost any type of drug crime in Washington. The only exception is for the receipt of the less than 40 grams of marijuana. However, property is subject to forfeiture and seizure if it is involved in the delivery, sale or any other action involving any marijuana. According to RCW 69.50.505, the following property is subject to seizure and forfeiture if it is proven to be involved in a UCSA offense:

• All controlled substances which have been manufactured including hazardous chemicals used in production

• All raw materials and equipment which were used or intended to be used in some part of the drug crime

• Vehicles including automobiles, aircraft or any other vessel used to transport or deliver drugs

• All drug paraphernalia

• Money that is believed to have been received or intended to be used in the drug crime

• Books, records and research materials

• Real estate where the crime took place including land, houses and businesses

Under this law, these items can be seized by law enforcement and do not have to be returned unless you can prove in a requested trial that they were not directly involved in the crime. After property is seized, you only have a limited period time to request a hearing in order to get the property returned. If this time period passes and no one claims the property. it will be deemed forfeited.

At the hearing, you will have the burden of proving that the property was not involved in a crime and should be returned.  This can often be difficult and you should make sure that you have the aid of an experienced Seattle VUCSA attorney. If you have been arrested for a VUCSA offense in Washington, call attorney Steve Karimi right now.