Dain Smoland, Attorney at Law PLLC
Criminal Defense in Utah
Dain Smoland, Attorney at Law PLLC
Navigation
  • HOME
  • ABOUT
  • PRACTICE AREAS
    • MARIJUANA CRIMES
      • DRUG PARAPHERNALIA
      • POSSESSION OF A CONTROLLED SUBSTANCE
      • POSSESSION WITH INTENT TO DISTRIBUTE
    • CIVIL RIGHTS LAWSUITS
    • DRUG CRIMES
    • DUI
      • Alcohol DUI
      • Metabolite DUI
    • JUSTICE COURT
    • OUT-OF-STATE CLIENTS
    • TRAFFIC CRIMES
      • Metabolite DUI
      • Alcohol DUI
      • Reckless Driving
      • Alcohol Restricted Driver Charges
      • DL Hearings
    • THEFT CRIMES
    • ALCOHOL CRIMES
      • Intoxication
      • Minor in Possession
      • Open Container
    • ASSAULT CRIMES
    • TRESPASSING CRIMES
    • EXPUNGEMENTS
    • MISDEMEANORS
    • FORFEITURE
    • 402 REDUCTIONS
  • MARIJUANA
    • POSSESSION
    • PARAPHERNALIA
    • INTENT TO DISTRIBUTE
  • FAQs
  • TESTIMONIALS
  • CONTACT

UTAH FORFEITURE DEFENSE

What is Forfeiture?
What is the Forfeiture Law in Utah?
What Can I Do If the Utah Cops Took My Money or Property?

What is Forfeiture?

“Forfeiture” is the process through which the government takes property that it claims is associated with criminal activity. Basically, when you’re pulled over, and the cops find a wad of $100 bills hidden under your seat, they might just hold on to it under the assumption that it’s “dirty.” That’s the essence of forfeiture. Unfortunately, forfeiture law often lets law enforcement agencies keep a portion (or all) of the money and property they seize, creating an incentive for them to get as much as possible.  And there’s both “civil” and “criminal” versions of forfeiture, so the government can attempt to keep your property even if you’re never charged with a crime.

What is the Forfeiture Law in Utah?

In Utah, that law is codified in Utah Code 24-1-101 through 24-4-117.  It’s dense reading.  Probably the most juicy bit is in 24-4-102 “Property Subject to Forfeiture.”  Under that chapter, “all property that has been used to facilitate the commission of a federal or state offense and any proceeds of criminal activity may be forfeited.” That’s a broad definition!

What Can I Do If a Utah Cop Took My Money or Property?

Forfeiture law is very complex. The government has to follow lots of rules to take your property from you, but you have to follow lots of rules to try and get it back.  That’s why it’s very important to get the help of an attorney in the process.  If you retain me to help you fight your Utah forfeiture case, I will work on contingency, meaning I will either get my attorneys fees paid by the government, or, if I help you get back some or all of your money, I use a percentage of that as my fee. If you don’t get your property back, I don’t get paid. Contact me to discuss your case.

 

About My Firm

Picture not loaded

Marijuana Crimes

Image not uploaded

Expungements

image not loaded

Alcohol Crimes

image not loaded

Traffic Crimes

image not uploaded

Theft Crimes

image not loaded

Assault Crimes

image not loaded

Local Court Info

Image not uploaded

Rates

Image Not Loaded

Quick Contact Form

Note: Submitting this form doesn't make me your lawyer or obligate you to pay me anything. It's just an easy way to get in touch.
Recognition for Dain Smoland's NORML Membership

Some Posts from My Blog

  • Utah Legislature Temporarily Suspends Expungement Filing Fees!
  • Parolees Become Eligible for 402 Reductions in Utah
  • Utah’s “Clean Slate” Law, and Automatic Expungements
  • Utah Legalizes Medical Marijuana! Kinda! Sort Of!
  • Utah Eases Expungement Eligibility, Especially for Prior Drug Convictions!

Courts Where I Take Cases

I am licensed to practice criminal law anywhere in Utah, but my office is in Salt Lake City so I focus my defense practice on Salt Lake County and the surrounding counties: Weber, Davis, Utah, Summit, Wasatch, Tooele.

That includes any of the state, city, or federal courts located in Salt Lake City, West Jordan, South Jordan, West Valley, Heber, Park City, Provo, Ogden, Farmington, Bountiful, Holladay, Cottonwood Heights, Murray, Millcreek, South Salt Lake, Grantsville, Tooele, Orem, American Fork, Sandy, Draper, Centerville, Layton, Kaysville, and anywhere else within an hour's drive of Salt Lake. I'll also go down to Carbon County (Price and Helper), because I like that drive!

For locations in Utah outside that area, just contact me and we'll talk about it.

Categories of my blog posts

  • 402 Reductions
  • Constitutional Law
    • Fifth Amendment
    • Search and Seizure
  • Drug Laws
    • Marijuana Laws
  • Expungement Law
  • Interesting Legal News
  • Theft Laws
    • Shoplifting
  • Traffic Laws
    • Driver's License Laws
    • DUI Laws
  • Uncategorized

© 2023 Dain Smoland, Attorney at Law PLLC, a Salt Lake City Criminal Defense Attorney