Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Virginia appeals court rules judge wrongly dismissed asset forfeiture challenge
Virginia appeals court rules judge wrongly dismissed asset forfeiture challenge
Case dealt with roughly $35K {seized} from Chesterfield auto shop
BY: GRAHAM MOOMAW - JULY 25, 2024 5:36 AM
A Virginia court erroneously ruled authorities could keep $35,293 seized from a Chesterfield County auto repair shop by setting the bar too high for the owner to prove the cash wasn’t connected to a crime, according to a state Court of Appeals opinion released this week. … The case dealing with asset forfeiture laws centers on the legal hoops Virginians have to jump through in court to argue they should get their money back after law enforcement officials take it.
State law allows authorities to seize money and other assets suspected of being connected to drug trafficking or other criminal activity, but gives people who had their assets taken a chance to argue those suspicions are unfounded. … The dispute over the ruling in Chesterfield was largely about a procedural technicality, but it highlights the hurdles people can face when trying to argue the government wrongfully took their money.
As part of a drug operation in 2020, Chesterfield authorities seized money from an auto shop owned by Roger McMillian. {snip} Though state law gave McMillian the right to fight the asset seizure in court, a Chesterfield judge ruled that his six legal filings were insufficient and dismissed his effort to reclaim the money without holding a trial. The court’s order in February of 2023 allowed local officials to keep the cash and said Chesterfield police could use it for “law enforcement purposes.”
In his filing arguing the money should be returned, McMilllian said about $31,000 came from the sales of several vintage vehicles, two carports, a shed and an above-ground pool. The rest of it, he contended, came from customers of the auto body shop who paid in cash. … In response, the Chesterfield commonwealth’s attorney’s office claimed all McMillian’s responses were faulty because they didn’t include concrete evidence of those transactions apart from McMillian’s sworn statements.
{snip}
Case dealt with roughly $35K {seized} from Chesterfield auto shop
BY: GRAHAM MOOMAW - JULY 25, 2024 5:36 AM
A Virginia court erroneously ruled authorities could keep $35,293 seized from a Chesterfield County auto repair shop by setting the bar too high for the owner to prove the cash wasn’t connected to a crime, according to a state Court of Appeals opinion released this week. … The case dealing with asset forfeiture laws centers on the legal hoops Virginians have to jump through in court to argue they should get their money back after law enforcement officials take it.
State law allows authorities to seize money and other assets suspected of being connected to drug trafficking or other criminal activity, but gives people who had their assets taken a chance to argue those suspicions are unfounded. … The dispute over the ruling in Chesterfield was largely about a procedural technicality, but it highlights the hurdles people can face when trying to argue the government wrongfully took their money.
As part of a drug operation in 2020, Chesterfield authorities seized money from an auto shop owned by Roger McMillian. {snip} Though state law gave McMillian the right to fight the asset seizure in court, a Chesterfield judge ruled that his six legal filings were insufficient and dismissed his effort to reclaim the money without holding a trial. The court’s order in February of 2023 allowed local officials to keep the cash and said Chesterfield police could use it for “law enforcement purposes.”
In his filing arguing the money should be returned, McMilllian said about $31,000 came from the sales of several vintage vehicles, two carports, a shed and an above-ground pool. The rest of it, he contended, came from customers of the auto body shop who paid in cash. … In response, the Chesterfield commonwealth’s attorney’s office claimed all McMillian’s responses were faulty because they didn’t include concrete evidence of those transactions apart from McMillian’s sworn statements.
{snip}