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Are the civil asset forfeiture laws about to change in Mississippi?

Posted by Vic Carmody | Jan 25, 2017 | 0 Comments

Have the police ever seized your property? Would you know what to do if they did?

The Mississippi Legislature is back in session and committees are considering new bills. Currently, a new piece of legislation regarding asset forfeiture is being deliberated.  Presently, law enforcement can seize property when there is a probability that the property was used in connection with a crime.

                According to The Clarion Ledger, the proposed bill would create:

  • “A website maintained by the Mississippi Bureau of Narcotics (MBN) to list and track civil asset forfeitures.
  • That a civil seizure warrant be obtained for each seizure within 72 hours, excluding weekends, from a county or circuit judge in that jurisdiction.
  • And that all forfeiture cases be prosecuted by MBN or the district attorney for the area where property was seized.”

The current system operates in an “eat what you kill” manner. Each agency is allowed to retain the property or cash money they seize from criminal suspects, and the agencies are not required to report the seizures. The new legislation would create more oversight and transparency when police seize a person's property.

Property seized by law enforcement as part of an arrest or criminal investigation can be a scary and difficult situation. Should you, a family member, or a close friend find yourself subject to arrest or seizure of your personal property, please call our office at 601-948-4444. You can receive a free consultation to discuss your options. Please also check out our attorneys at http://www.mississippidui.com, at avvo.com, at superlawyers.com, and at martindale.com.

About the Author

Vic Carmody

Victor Carmody was employed by the Jackson Police Department as a police lieutenant from 1973-1980. With attorney Vic Carmody you get the best defense from knowing both sides of Mississippi driving under the influence (DUI / ms dui) law. Vic Carmody is an original Founding Regent and served as Dean of the National College for DUI Defense 2001-2002. He currently serves as a Fellow of the college and is active as an instructor during the summer trial college at Harvard Law School. Vic Carmody is the only attorney in the state who is board certified by the National College of DUI Defense. He is also the only attorney in the state who owns the Intoxilyzer® 8000 machine and possesses a DOT permit to operate the Intoxilyzer® 8000. He is the author Understanding DUI Scientific Evidence, 1st and 2nd editions, Mississippi DUI: Law & Practice, and the Mississippi Criminal Trial Practice Forms manual, part of Thomson West's "Mississippi Practice Series." Additionally, The DUI Book: Mississippi Edition, written by Victor Carmody and co-authored with Atlanta attorney William C. Head, is in the process of publication. Vic is the attorney who wrote the books on DUI defense in Mississippi! Vic Carmody has handled and tried DUI cases in 8 States and has presented DUI seminars in 15 states and 4 foreign countries. Mr. Carmody is considered by many as the best DUI attorney in the state. He was recently selected as one of the Top 100 Trial Lawyers in Mississippi by The American Trial Lawyers Association. Vic currently serves as DUI chairman for continuing education seminars for the University of Mississippi. He is AV rated by Martindale-Hubbell, and he was recently selected as a Super Lawyer in DUI and criminal defense by the prestigious Super Lawyers organization. Vic is admitted to practice in all state courts in Mississippi, the United States District Courts for the Northern and Southern Districts of Missisisppi, and the Supreme Court of the United States. Come see us in Flowood, at 781 Liberty Road, across from the Atmos Energy building.

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