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How to research your forfeiture case
Those wishing to research the forfeiture law applicable to their cases can find a lot of information in FEAR's website Law Library. First you should start with the statutes applicable to your case, and to do that first you'll need to know whether your case is federal or state, and, if state, what state the case will be filed in.
Just because property was seized by state or local police doesn't guarantee it will be a state case. The police can seize property and turn it over to the federal government for forfeiture under federal forfeiture laws. This process is called "federal adoption" or "equitable sharing." The federal statute promises the seizing state or local agency up to 80% of the value of the property that is forfeited, depending on the relative percentage of the work that was done by the state or local police.
You will know for sure whether it will be state or federal when you receive the notice of forfeiture or forfeiture complaint, which are generally served by registered mail, but may also be posted on the property or served by personal delivery to your last known address. Generally speaking the state in which the property is seized is where the case will be brought, but there are other possible alternatives. See the venue statutes.
When you are served notice, you will have a very short window of time within which to file a claim and/or an answer to a complaint. Be sure to check your mail frequently and to pick up any registered letters promptly.
If you are forced to represent yourself because hiring an attorney is not financially feasible, we highly recommend that you purchase the low-cost materials FEAR publishes to help forfeiture attorneys and forfeiture victims who are representing themselves. Asset Forfeiture: What to do when police seize your property (121 pages in the full size pdf version) and FEAR's two-hour continuing legal education DVD Forfeiture 101, which explain the law and procedure in depth. We also recommend that you purchase a subscription to the FEAR Brief Bank, which contains over 250 sample motions and briefs, covering many issues in state and federal courts.