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It's also difficult because in a civil case you're not entitled to a state-funded attorney, so you're going to have to shell out a good chunk of change to chall
by philipn 12y ago
It's also difficult because in a civil case you're not entitled to a state-funded attorney, so you're going to have to shell out a good chunk of change to challenge the case. Which, of course, you may not have as your assets were just seized. You're also facing the "preponderance of the evidence" civil burden rather than "beyond a reasonable doubt," which makes it more likely you'd lose in court.
- lazaroclapp 12y agoSo, the state seizes your property over what's presumably illegal behavior on your part, and it is not considered a criminal case? Isn't civil law about disputes between individuals as opposed as individual vs the state? Should it be allowed for the police to bring up a civil lawsuit?
- smsm42 12y agoThe state can bring civil lawsuits. In fact, many agencies like EPA or Attorney General do that all the time.
- jeffdavis 12y agoIn my opinion, you should be provided an attorney in those cases, as well.
- couchand 12y agoTo be clear, the vast, vast majority of such cases are against corporations, not individuals.
- jeffdavis 12y agoPerhaps today, that's true. Five years from now, civil trials, where one party is the government, might be used regularly as a way to circumvent the protections afforded criminal defendants.
- viggity 12y agothere was recently a case in which Iowa (my state) seized ~$100K from two poker players passing through the state. (They got pulled over on a bullshit traffic stop). The state only offered them 90K back, but it cost them $30k in legal fees to fight it. Its just disgusting. http://reason.com/blog/2014/10/01/iowa-troopers-steal-100000-in-poker-winn http://reason.com/blog/2014/10/01/iowa-troopers-steal-100000...