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Do you answer questions about forfeiture laws in criminal…

Customer Question
Hello. Do you...

Hello. Do you answer questions about forfeiture laws in criminal cases?

Lawyer's Assistant: In what state did this occur?

Washington and others

Lawyer's Assistant: Have you talked to a lawyer yet?

Just want to know if forfeited items can be taken off dollar amounts in a federal case. Yes, they have attorneys.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Monies and properties were seized. The question is (for my friend), can the dollar amounts that were seized be "credited" against the total dollar amounts of the crimes?

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/30/2017
Lawyer: INFOLAWYER, Attorney replied 10 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,663
Experience: Licensed attorney helping individuals and businesses
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Greetings! I am a legal expert on the site and am working on your question. The forfeiture or restitution orders normally permit credit of all kind including property seized and this should be acknowledged by the court and prosecutor along with defense counsel. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 10 months ago
Can you give me case law on this? Thank you.
Lawyer: INFOLAWYER, Attorney replied 10 months ago
This is an issue for application by the parties and not precedent. The forfeiture order will generally provide how it can be repaid so its a matter of negotiating or amending the order to allow for such credit. if I can elaborate on anything, just ask me. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 10 months ago
Thank you, ***** ***** doesn't help me in that I need case law where forfeiture was applied towards dollars amounts taken in a bank fraud case.
Lawyer: INFOLAWYER, Attorney replied 10 months ago
It depends on the language of the order so the order needs to provide for credit to recoveries.
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Customer reply replied 10 months ago
Okay. Thank you. I am going to log off now.
Lawyer: INFOLAWYER, Attorney replied 10 months ago
Very welcome. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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