PERRY, Ga. — Attorney Lars Anderson handles asset forfeiture cases about twice a year.
"I've had one that involved a house, they were going to seize a house," Anderson said.
Under asset-forfeiture laws, law enforcement can seize property that's allegedly involved in a crime and then keep it or sell it.
Some people lose a significant amount of cash they may lose their car. This can happen even if they're never arrested, charged or convicted of a crime.
"From a clients perspective, it's obviously very difficult because the vehicle is probably their primary means of transportation to or from work," Anderson said.
He says you don't want to handle this on your own.
"You do need to seek counsel," Anderson said.
The U.S. House of Representatives is now working on House Bill 1525 called the Fair Act. It says people at risk of losing large property, should have legal counsel.
However, in Perry, the city council last week passed a resolution opposing the bill and the Police Chief is also worried by the bill.
"If they pass this as written it will be detrimental to law enforcement as a whole," Everidge said.
With the bill, law enforcement agencies are not able to use or keep the money they collect from the forfeitures. Everidge says they use the money they get from assets to buy equipment, pay for officer training, or give back to the community.
"Education material for kids for anti-drug and anti-gang and bully information," Everidge said.
The bill also raises the level of evidence needed to keep or take people's assets. Everidge says jail is not a deterrent for everyone and this could keep crime on the streets longer.
"Maybe one or two people go to jail, but the organization is still financially sound so they continue," Everidge said.
Everidge says he believes in proper due process but this bill is not the way
The American Civil Liberties Union says it supports asset forfeiture reform. The organization also says many police departments seize property based on profit rather than fighting crime.
If you are seeking legal assistance you can reach Lars Anderson's office at (478) 742-0294.