Forfeiture of Property in Drug Cases

If you are charged with a Drug Crime in Massachusetts, irrespective of whether or not you are found Guilty, the Commonwealth may petition the court to have any and all money or property related to alleged drug proceeds. 

The statute governing Forfeiture is not criminal, but a civil action, and the government needs only prove, by the lower standard of 'probable cause,' that the money or property was used to facilitate or were proceeds of drug distribution.  Once the complaint for Forfeiture is filed, the defendant then has the burden of proving that the property is not forfeitable.

Pursuant to Massachusetts General Laws Chapter 94C, Section 47, the following property may be subject to forfeiture:
  • All controlled substances.
  • Any materials, products, or equipment used in the manufacturing, delivering, importing or distribution of any controlled substance.
  • Any conveyances, including aircraft, vehicles, or vessels used to transport, conceal or facilitate the manufacture or distribution of any controlled substance.
  • All moneys or other things of value used in exchange for a controlled substance.
  • Any real property used in any manner to commit or facilitate the manufacture or distribution of a controlled substance.
Although the Commonwealth will typically seek forfeiture of money and property in larger-scale drug cases, such as Drug Trafficking or at least Drug Distribution and/or Possession with Intent to Distribute where those crimes have been indicted to Superior Court, I have seen prosecutors move for forfeiture in drug cases that have been charged in the District Courts.

Because being charged with a Drug Crime can also have severe monetary consequences beyond possible jail time, such as losing your car or home, Boston Criminal Lawyer Lefteris K. Travayiakis is available 24/7 for consultation.

To schedule a Free Consultation with a Boston Drug Lawyer, Contact Us Online or call 617-325-9500.