At most, “asset forfeiture” should be “asset frozen, for the duration of a civil trial against the owner”:
- Anything movable (automobiles, jewelry, etc) can be seized by police and entered as evidence, but reasonable accommodations must be made (eg: if taking the defendant’s luxury car, a working car must be provided in its stead, so the defendant can still go to work, attend court, etc). If the defendant is found not guilty, the items must be returned without delay and without cost to the defendant, and the police are to be held responsible for any damage or wear during the period of the trial.
- For immovable objects (real estate), the court may block any sale or transfer of ownership of the property. The court should evaluate the condition of the property and its contents at the start of legal proceedings, and the defendant would be responsible for any damage or loss (within their control) that occurs after that date. If the defendant loses, the police may take ownership of the home.
- Cash must be placed into an escrow account. If the defendant is found not guilty, the funds must be released back to the defendant without delay, and the police should be held responsible for any money missing from the account.
- Anything movable (automobiles, jewelry, etc) can be seized by police and entered as evidence, but reasonable accommodations must be made (eg: if taking the defendant’s luxury car, a working car must be provided in its stead, so the defendant can still go to work, attend court, etc). If the defendant is found not guilty, the items must be returned without delay and without cost to the defendant, and the police are to be held responsible for any damage or wear during the period of the trial.
- For immovable objects (real estate), the court may block any sale or transfer of ownership of the property. The court should evaluate the condition of the property and its contents at the start of legal proceedings, and the defendant would be responsible for any damage or loss (within their control) that occurs after that date. If the defendant loses, the police may take ownership of the home.
- Cash must be placed into an escrow account. If the defendant is found not guilty, the funds must be released back to the defendant without delay, and the police should be held responsible for any money missing from the account.