4. Talk to a lawyer about civil forfeiture

You don't have to be convicted or charged with a criminal offence for the government to seize your property through civil forfeiture. With civil forfeiture, the government can take your property if the police believe:

• the item was paid for with money gained through crime, or
• the item was used to commit a crime.

Property can include any type of asset, such as:

• cash or money in bank accounts
• real estate
• vehicles

A judge in a civil court will decide if your property can be seized under civil forfeiture. The judge makes this decision based on a balance of probabilities.

With a balance of probabilities, the judge must be more convinced than not. If the judge is 51% convinced that your property was used to commit a crime, or bought with money made from a crime, your property can be seized.

It's easier to show a balance of probabilities than to show something is beyond a reasonable doubt. You can only be convicted of a crime if the court can prove beyond a reasonable doubt that you did it. A court may not have enough evidence to convict you, yet still have enough reasons to keep your property. You can lose your property even when you're not convicted of the crime.

Talk to a lawyer if the police apply to have your property seized through civil forfeiture.