What Happens When the Government Takes Your Property?

What Happens When the Government Takes Your Property?

Apr 10, 2025 | Forfeiture, Forfeiture

Can the police sieze your belongings and hold it without charging you with a crime?

Forfeiture laws in Michigan allow the government to seize property – like cash, cars, or even houses – if they believe it was involved in a crime.  This can happen even if the owner hasn’t been convicted of a crime. It’s a complex area of law with some important things to understand. 

What is Forfeiture?

Forfeiture is a legal process where the government takes ownership of private property because it’s believed to be connected to illegal activity. There are two main types:  

Criminal Forfeiture: This happens after someone has been convicted of a crime. The property seized is usually related to that specific crime. 

Civil Forfeiture: This can occur without a criminal conviction. The government argues that the property itself was involved in a crime, regardless of whether the owner is found guilty.  

Important Points to Know:

What Property Can Be Forfeited?

Under Michigan law (specifically related to drug crimes, (MCL 333.7521), a wide range of property can be seized, including:

  • Money, negotiable instruments, and securities.
  • Real estate (MCL 600.3815)
  • Vehicles, boats, and aircraft (S.B. 2 & H.B 4001-4002)
  • Equipment and materials used in illegal activities (like drug manufacturing).
  • Anything of value exchanged for illegal substances.

How Does it Work?

Seizure: Law enforcement can seize property if they have probable cause to believe it’s connected to a crime. In some cases, they need a warrant, but not always (MCL 333.7522). 

Notice: If your property is seized, the government is supposed to notify you (MCL 600.4707 & 333.7523). If they can’t find you, they may publish a notice online or in a newspaper.  

Claim: If you want your property back, you usually have a limited time (e.g., 20-28 days after notice) to file a claim with the government, stating your interest in the property and why it shouldn’t be forfeited. This claim often needs to be written, signed, and verified (notarized).  

Civil Action: If you file a claim, the government (usually the Attorney General or local prosecutor) may then file a civil lawsuit in court to try and get a forfeiture order.

Burden of Proof: In a forfeiture hearing, the government generally has to prove by a “preponderance of the evidence” (meaning it’s more likely than not) that the property was connected to a crime (MCL 600.4707). However, for property valued over $50,000 in drug cases, the burden might shift to the owner to prove they didn’t know about the illegal activity (according to some interpretations of MCL 333.7523a).  

Conviction Requirement (Limited): A significant reform in 2019 (Senate Bill 2 and House Bills 4001 & 4002) requires a criminal conviction or plea agreement for forfeitures of property valued under $50,000 in drug-related cases, unless the owner abandons the property (news from May 2019).  

Rights of Property Owners

You have the right to:

  • Be notified about the forfeiture proceedings.
  • File a claim to contest the forfeiture.
  • Have a hearing in court (if you file a claim).
  • Present evidence to show your property wasn’t involved in a crime or that you were an innocent owner.

What Happens to Forfeited Property?

Generally, the law enforcement agency that seized the property can keep it for their use or sell it.

The proceeds from the sale are often used for law enforcement purposes (MCL 333.7524).

Kelsey’s Law Connection: It’s important not to confuse forfeiture laws with traffic laws like Kelsey’s Law (related to teen drivers and cell phone use). They are completely different areas of law.

Links to Laws:

  • MCL 333.7521 (Controlled Substances – Forfeiture): You can find these sections within the Michigan Public Health Code on the Michigan Legislature website.
  • MCL 600.4701 (Revised Judicature Act – Forfeiture): This act also contains provisions related to forfeiture.

Recent News:

  • Michigan Supreme Court Ruling (July 2024): The Michigan Supreme Court ruled against Detroit’s practice of seizing cars in drug-related cases unless there’s evidence the car was used to transport drugs for trafficking purposes. This decision is seen as a curb on aggressive forfeiture practices.  
  • Report on Forfeiture (October 2023): A report highlighted that even with recent reforms, Michigan still sees cases where people lose property without being charged with a crime, and most forfeiture cases happen without much court oversight (Mackinac Center, October 2023). 
  • Limitations on Forfeiture Without Conviction (2019): As mentioned earlier, laws were passed in 2019 requiring a conviction in many drug-related forfeiture cases involving property under $50,000 (Michigan.gov press release, May 2019).

It’s crucial to understand that forfeiture laws can have a significant impact on individuals, even those who haven’t been found guilty of a crime. If your property has been seized, it’s highly recommended to seek legal advice immediately to understand your rights and options.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Defending Against Criminal Sex Charges

Apr 9, 2025 | Criminal Sexual Conduct, Criminal Sexual Conduct (CSC), Criminal Sexual Conduct - Consent, Criminal Sexual Conduct - First Degree, Criminal Sexual Conduct - Fourth Degree, Criminal Sexual Conduct - Legal Defense, Criminal Sexual Conduct - Second Degree, Criminal Sexual Conduct - Third Degree

Defense against false accusations of Criminal Sexual Conduct (CSC) in Michigan

Defending against a false accusation of Criminal Sexual Conduct (CSC) in Michigan is a serious matter and requires a well-prepared legal strategy.

Here are several steps you should take to protect yourself:

A Criminal Sexual Conduct Conviction

A Criminal Sexual Conduct conviction is pretty much a lifetime sentence. The amount of money you pay to hire a fighting lawyer will be made back over several years.  You will make nothing in prison and be red flagged on every job opportunity.

Hire an Experienced Criminal Defense Attorney

The first and most important step is to immediately seek the help of an experienced criminal defense attorney.

A lawyer who specializes in CSC cases will know how to navigate the complexities of the legal system, protect your rights, and build a strong defense.

They will also help you avoid making mistakes that could hurt your case.

Do Not Contact the Accuser

It’s crucial to avoid contacting the person who accused you. Reaching out to the accuser could be interpreted as intimidation or harassment, and anything you say can be used against you. Communication should be handled exclusively through your attorney.

Use You Right To Remain Silent

If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.

CALL NOW

248-357-2550

Gather Evidence and Witnesses

To defend yourself, you need to gather any evidence that supports your version of events. This can include:

  • Alibi Evidence: If you were not at the location where the alleged incident took place, collect evidence such as witness statements, surveillance footage, or phone records that show your location.
  • Electronic Communications: Text messages, emails, social media posts, or any other communication that proves the relationship between you and the accuser or contradicts the claims made.
  • Witness Testimonies: If anyone was with you or near the alleged incident, their testimony could help establish your innocence or prove the accusation is false.

Your attorney will help you collect and organize this evidence in a way that strengthens your defense.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Present Character Evidence

In some cases, presenting evidence of your good character and reputation can be useful. Character witnesses—people who can testify about your integrity and behavior—might help show that it is unlikely you committed the crime. However, this is more supplementary and may not be the primary defense.

Challenge the Accuser’s Credibility

One of the most common strategies in defending against false accusations is to challenge the credibility of the accuser. Your attorney may:  
  • Identify Motive: Investigate whether the accuser has a reason to lie, such as revenge, jealousy, or a personal vendetta.
  • Highlight Inconsistencies: Look for inconsistencies in the accuser’s statements or changes in their story over time.
  • Examine Mental Health History: If relevant, an attorney might explore whether the accuser has a history of mental health issues or false claims that could affect their reliability.

Use Forensic and Physical Evidence

Forensic evidence can be vital in proving your innocence. This can include:  
  • DNA Evidence: DNA analysis can show that no physical contact occurred between you and the accuser.
  • Phone and GPS Records: Records from your phone or other devices can help prove your whereabouts at the time of the alleged incident.
  • Security Footage: If there is surveillance footage from nearby locations, it can serve as proof that the alleged crime didn’t take place as described.

Expert Witnesses

Your attorney may call in expert witnesses to challenge the prosecution’s evidence. For example:  
  • Psychological Experts: To explain why a false accusation may have been made or to challenge the mental state of the accuser.
  • Forensic Experts: To explain scientific evidence, such as the lack of physical signs of assault, that contradicts the accuser’s claims.

Cross-Examine the Accuser

If the case goes to trial, your defense lawyer will have the opportunity to cross-examine the accuser. During this process, your attorney may expose flaws, contradictions, or exaggerations in the accuser’s testimony. This can cast doubt on the prosecution’s case and may lead to an acquittal.

Stay Silent and Avoid Self-Incrimination

Until your attorney advises otherwise, avoid making statements to the police, media, or anyone else about the case. Anything you say can be used against you. Politely decline to speak without a lawyer present and let your attorney handle communication.

Prepare for Trial

Even though many cases settle before trial, you should be prepared to go to trial if necessary. Your attorney will help you prepare for:  
  • Jury Selection: Ensuring that the jury is impartial and fair.
  • Presenting Evidence: Laying out your side of the story clearly and convincingly.
  • Testifying: If you choose to testify, your lawyer will prepare you to answer questions from both the defense and prosecution.

Conclusion

Defending against a false accusation of CSC is challenging but possible with a strong legal defense strategy. The key is working closely with an experienced attorney who can help you gather evidence, challenge the accuser’s credibility, and build a case that demonstrates your innocence. Keep calm, follow your lawyer’s guidance, and protect your rights throughout the legal process.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

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Forfeiture without Criminal Charges

Forfeiture without Criminal Charges

Apr 4, 2025 | USA news

Can the police seize your belongings and hold it without charging you with a crime?

Read the summary below and watch Attorney Michael Komorn in the Court of Appeals.

Summary of “Ruben Delgado v. Michigan State Police”:

This case was filed in the Jackson County Circuit Court on July 8, 2022, by Ruben Delgado against the Michigan State Police Marihuana Tobacco Investigation Section. The case was later moved to the Court of Claims.

The central issue appears to be related to property held by the Michigan State Police from February 5, 2021, until the filing of the complaint. Delgado contended that the State Police had a legal duty to return this property as there was no legal reason for its continued possession.

The Court of Claims ultimately granted summary disposition in favor of the Michigan State Police on April 11, 2024. The court’s reasoning was that Delgado failed to file either a verified claim or a verified notice of his intention to file a claim within one year after the claim accrued, as required by the Court of Claims Act (MCL 600.6431). The court noted that neither the original complaint nor a subsequent letter serving as notice was verified. A proposed verified amended complaint was submitted after the one-year deadline, which the court deemed too late to cure the lack of verification.

Therefore, the case was dismissed due to a lack of jurisdiction under the Court of Claims Act, and the court did not consider the merits of Delgado’s claim for mandamus.

It’s worth noting that this case was appealed to the Michigan Court of Appeals under COA #370739, with the case status listed as “Submitted on Case Call” as of April 30, 2024.

In summary: Ruben Delgado sued the Michigan State Police for the return of property. The Michigan Court of Claims dismissed the case because Delgado failed to properly verify his claim within the statutory timeframe. The case is currently under appeal.

MCOA Oral Arguments April 1, 2025 – Panel 4

If You Tube above fails here is the link below. The segment starts at the 20 minute mark. The link should take you to that point in the video.

YOU TUBE (link)
Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Criminal Sexual Conduct (CSC) – Michigan

Criminal Sexual Conduct (CSC) – Michigan

Apr 1, 2025 | Michigan Laws

Criminal Sexual Conduct (CSC) in Michigan: Definitions, Penalties, and Legal References.

Criminal Sexual Conduct (CSC) is a set of laws in Michigan that define and penalize various forms of sexual offenses.

These laws are categorized into four degrees, with each degree reflecting the severity of the crime.

The Michigan Penal Code specifies these offenses, found under the Michigan Compiled Laws (MCL), and each degree has different elements and penalties.

First-Degree Criminal Sexual Conduct (MCL 750.520b)

First-degree CSC is the most severe form of sexual assault. It involves sexual penetration (oral, anal, or vaginal) and occurs under specific circumstances, such as:

  • The victim is under 13 years of age.
  • The victim is between 13 and 16, and the offender is in a position of authority (e.g., teacher, coach).
  • The assault involves the use of a weapon, physical injury, or threats.

Penalties: A person convicted of first-degree CSC faces a maximum penalty of life in prison. If the victim is under 13, the mandatory minimum is 25 years, with possible lifetime electronic monitoring.

First-degree CSC – MCL 750.520b

Second-Degree Criminal Sexual Conduct (MCL 750.520c)

Second-degree CSC involves sexual contact (fondling or touching for sexual purposes) rather than penetration. The circumstances are similar to first-degree but without penetration:

  • The victim is under 13 years old.
  • The victim is between 13 and 16, and the offender is a family member or in a position of authority.
  • The offender uses force or coercion.

Penalties: A conviction for second-degree CSC can result in up to 15 years in prison, with lifetime electronic monitoring if the victim is under 13.

Second-degree CSC – MCL 750.520c

Third-Degree Criminal Sexual Conduct (MCL 750.520d)

Third-degree CSC involves sexual penetration under less severe circumstances than first-degree, such as:

  • The victim is between 13 and 16 years old.
  • The act was achieved through force, coercion, or the victim’s inability to give consent (e.g., due to intoxication or mental incapacity).

Penalties: A person convicted of third-degree CSC faces up to 15 years in prison.

Third-degree CSC – MCL 750.520d

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Fourth-Degree Criminal Sexual Conduct (MCL 750.520e)

Fourth-degree CSC is the least severe and involves sexual contact without penetration. It can include unwanted touching and occurs under circumstances like:

  • The victim is between 13 and 16, and the offender is at least five years older.
  • The offender uses force or coercion.

Penalties: A conviction for fourth-degree CSC can result in up to two years in prison and a fine of up to $500.

Fourth-degree CSC – MCL 750.520e

Additional Information

Criminal sexual conduct convictions can lead to mandatory registration as a sex offender, especially if the victim is a minor. Michigan takes these offenses seriously, and those convicted can face lifelong consequences, including prison time and sex offender registration.

For more detailed definitions (MCL 750.520a) information on the statutes, you can review Michigan’s laws through the Michigan Legislature website.

Second or subsequent offense; penalty

  • In the event that an individual is convicted of a second or subsequent offense under sections 520b, 520c, or 520d, the resulting sentence for these offenses shall include a mandatory minimum of no less than 5 years.
  • For the purposes of this section, an offense is deemed a second or subsequent offense if, before the conviction of the second or subsequent offense, the individual has previously been convicted under section 520b, 520c, or 520d, or any comparable statute at the federal or state level for a criminal sexual offense, which includes but is not limited to rape, carnal knowledge, indecent liberties, gross indecency, or attempts to perpetrate such offenses.

Second or subsequent offense; penalty. MCL 750.520f

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Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

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