Seizures & Forfeitures in WA Drug Cases

(206) 467-3190
Burg & Lantz: WA Drug / VUCSA Defense
Burg & Lantz: WA Drug / VUCSA Defense

Give Us A Call: 206-467-3190

We have helped many people who are in a similar situation to you fight their charges.
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Washington law permits the forfeiture of property involved in drug crimes. RCW 69.50.505 - Seizure and forfeiture.

This  means that the police can take, keep, and sell certain private property if they can show it was used in connection with a Washington VUCSA or  drug related crime.

Property commonly seized includes:

  • Vehicles (cars, trucks, boats,  planes, RV's, etc.): which were used or intended for use to facilitate  the delivery of controlled substances;
  • Money: furnished or intended to be furnished in exchange for a controlled substance;
  • Real Estate Property (houses, condos, apartments etc.): connected to the cultivation, manufacture or delivery of a controlled substance.

If your property was seized under this law, you have a limited amount of  time to request a hearing regarding the seizure and forfeiture of your  property.

If you fail to notify the agency within this limited time  period, you will forfeit any claim you have to that property and it  becomes the property of the government.

If you do request a hearing in time, the police must prove that they had  probable cause to believe that the seized items were the proceeds of, or  used, or intended to be used in illegal drug activities.

Seizures - Forfeitures

  • You have a right to fight seizure of your property.
  • Limited amount of time to request a hearing.


Burden of Proof

Then  the burden shifts to you to prove by a "preponderance of the evidence"  that the property was not used in connection with any illegal drug  activity.

A preponderance of the evidence means that it is more  probably true than not true that the property was not used in connection  with a drug crime.

Note: although the law is clear that your property cannot be seized if it was used in connection with the receipt of less than 40 grams of marijuana, it is important to note that the delivery or sale of any amount of marijuana will justify police seizure of your property.

Accused of a Washington State drug or VUCSA crime?

Give Us A Call: 206-467-3190

We will not try to "hard sell" you.

Finally, we will not try to “hard sell” you to hire us. We know choosing an attorney is a big decision and one you must make carefully – not under pressure. Because an effective attorney-client relationship requires a lot of communication and trust, we really only want to represent people who feel comfortable with us and have complete confidence in our abilities. If you don't, then you have the right to an attorney that you do feel would be a better fit.

Thank you for taking the time to look through this web site. Please contact us if you would like to meet and further discuss how we may assist you.

Contact Us Today

Burg & Lantz is committed to answering your questions about Drug or VUCSA law issues in Washington.

We offer a Free Initial Consultation and we'll gladly discuss your case with you at your convenience. Contact us today at 206-467-3190 to schedule an appointment..