I'm primarily writing this review in response to "Totally Biased Anti War on Drugs Film" review. It is a great film that argues for a change in US drug policy because it has not only failed to control drug abuse, but has made things worse for the drug users and their families than drugs would have alone.
To rebut the above mentioned review, I would like to point out two things. There were no made up facts. First of all, the third offense was not a "traffic offense". It was a drug trafficking offense that will result in a life sentence. Second of all, civil forfeiture laws do allow the seizure of property without a criminal charge. If you can prove that the property that was seized was not involved in any type of criminal activity then you have to pay for you own attorney in a legal fight. Whether or not the state will pay your legal fees in the case that you win depends on the judge's ruling.
"The government simply files a civil action in rem against the property itself, and then generally must prove, by a preponderance of the evidence, that the property is forfeitable under the applicable forfeiture statute. Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before indictment, after indictment, or even if there is no indictment. Likewise, civil forfeiture may be sought in cases in which the owner is criminally acquitted of the underlying crimes..."
—Craig Gaumer, Assistant United States Attorney, 2007
To rebut the above mentioned review, I would like to point out two things. There were no made up facts. First of all, the third offense was not a "traffic offense". It was a drug trafficking offense that will result in a life sentence. Second of all, civil forfeiture laws do allow the seizure of property without a criminal charge. If you can prove that the property that was seized was not involved in any type of criminal activity then you have to pay for you own attorney in a legal fight. Whether or not the state will pay your legal fees in the case that you win depends on the judge's ruling.
"The government simply files a civil action in rem against the property itself, and then generally must prove, by a preponderance of the evidence, that the property is forfeitable under the applicable forfeiture statute. Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before indictment, after indictment, or even if there is no indictment. Likewise, civil forfeiture may be sought in cases in which the owner is criminally acquitted of the underlying crimes..."
—Craig Gaumer, Assistant United States Attorney, 2007