Police Forfeiture / Seizure
Guns & Drugs
When the police seize your money, you want a lawyer on the case right away. Time is of the essence. The police are not entitled to keep your money without good reason. You are entitled to apply to a judge for prompt return under s.490 of the Criminal Code. As money seizures can often lead to applications for forfeiture either under the Criminal Code, Controlled Drugs and Substances Act or Civil Forfeiture Act, it is wise to have a lawyer who is familiar with how to successfully dispute all mechanisms by which forfeiture can occur.
No case is too small because the criminal lawyers at Mickelson & Whysall care about ensuring the police are held accountable for the seizures they undertake.
Generally, the defences to forfeiture include (1) illegal search and seizure; (2) not proceeds of crime; (3) innocent third party; and (4) the interest of justice. One of these defences likely applies to your situation. As this area of law is in flux, more defences are arising as the law develops over time. We look forward to working with you and getting your property returned.