Criminal Forfeiture – NRS 179.121

Overview

Criminal forfeiture is a legal process that allows the government to seize assets and property that are connected to criminal activity. Under Nevada Revised Statute (NRS) 179.121, the state outlines the procedures and conditions under which property can be forfeited following a criminal conviction. This statute serves to deter crime, remove the financial incentives of illegal activities, and ensure that individuals do not profit from their unlawful actions.

Definition of Criminal Forfeiture

Criminal forfeiture involves the seizure of property that is believed to be involved in, or derived from, criminal activity. Under NRS 179.121, the following types of property may be subject to forfeiture:

1. Proceeds of Crime: This includes any money or property gained through illegal activities, such as drug trafficking, theft, or fraud.
2. Property Used in Criminal Activity: Any property that was used to facilitate a crime, such as vehicles, weapons, or tools, may also be forfeited.
3. Other Related Assets: The statute may also apply to other assets that are connected to the criminal offense, including real estate and financial accounts.

Legal Requirements for Forfeiture

To initiate a criminal forfeiture under NRS 179.121, law enforcement must demonstrate certain elements:

1. Connection to Criminal Activity: There must be a clear connection between the property and the criminal activity for which the individual was convicted. This means the property must be tied directly to the commission of the crime.
2. Criminal Conviction: Generally, a forfeiture action follows a criminal conviction. The prosecution must secure a guilty verdict against the individual involved in the criminal activity for forfeiture to be pursued.
3. Due Process: The forfeiture process must comply with legal standards for due process, ensuring that individuals have the opportunity to contest the seizure of their property.

Related Offenses

Criminal forfeiture under NRS 179.121 is related to several other legal concepts, including:

• Asset Forfeiture: A broader term that encompasses both criminal and civil forfeiture actions.
• Civil Forfeiture: Unlike criminal forfeiture, civil forfeiture can occur without a criminal conviction, often based on the property’s connection to illegal activity.
• Money Laundering – NRS 205.300: The process of concealing the origins of illegally obtained money, which can lead to forfeiture of the laundered funds.

Examples of Criminal Forfeiture

Understanding NRS 179.121 can be clarified through specific examples:

• Example 1: A drug dealer is convicted of trafficking controlled substances. Law enforcement may seize cash found in the dealer’s possession that was obtained from drug sales, as well as any vehicles used to transport the drugs.
• Example 2: A person is convicted of a robbery, and the court orders the forfeiture of any weapons used in the crime, along with any proceeds from the sale of stolen goods.

The Forfeiture Process

The process of criminal forfeiture typically involves the following steps:

1. Investigation: Law enforcement investigates the criminal activity and identifies any assets linked to the crime.
2. Seizure: Once a connection is established, law enforcement may seize the property. This is often done at the time of arrest or after a conviction.
3. Notice: The government must provide notice to the owner of the property regarding the forfeiture proceedings, allowing them an opportunity to contest the seizure.
4. Hearing: If the property owner disputes the forfeiture, a hearing may be held to determine whether the property should be returned or forfeited.
5. Final Judgment: A court will issue a final judgment regarding the forfeiture, either affirming the seizure or ordering the return of the property.

Penalties for Criminal Forfeiture

The penalties associated with criminal forfeiture can be significant, particularly for individuals convicted of serious offenses. The consequences may include:

• Loss of Assets: Individuals may permanently lose property and financial assets deemed to be connected to criminal activity.
• Financial Consequences: In addition to forfeiture, individuals may face fines, restitution, and other financial penalties as part of their criminal conviction.

Defenses Against Criminal Forfeiture

If you are facing criminal forfeiture under NRS 179.121, there are several defenses that may apply:

1. Lack of Connection: Demonstrating that the property is not connected to any criminal activity can be a strong defense. This could involve proving legitimate sources of the property or funds.
2. Legal Ownership: If the property belongs to someone else or if the accused can prove they were unaware of its connection to criminal activity, this may serve as a defense.
3. Improper Seizure: If the property was seized unlawfully or without proper legal procedures, this can lead to a challenge of the forfeiture.
4. Innocent Owner Defense: If the property owner can show that they were not involved in the criminal activity and had no knowledge of the illicit use of their property, they may contest the forfeiture.

The Importance of Legal Representation

Facing criminal forfeiture under NRS 179.121 requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling complex property-related cases equips him to provide a strong defense against forfeiture actions.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and his deep understanding of Nevada’s legal landscape make him a strong advocate in cases involving criminal forfeiture.

Understanding Your Rights

If you are facing criminal forfeiture, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against criminal forfeiture under NRS 179.121 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.