Asset forfeiture can be a serious risk during a criminal investigation. Tennessee law enforcement agencies may seize property when they believe it connects to illegal activity. When this happens, you may lose your money, vehicles or other valuable assets long before your criminal case even ends.
Is asset forfeiture legal?
Asset forfeiture allows the government to seize property it says relates to crime. Civil forfeiture targets the property while criminal forfeiture ties the seizure to a conviction. Police or prosecutors can seek forfeiture when they believe the property played a role in a crime.
As of July 1, 2025, House Bill 1024 (HB1024) increased the government’s burden of proof in forfeiture cases. Prosecutors must now prove the required connection to criminal conduct by clear and convincing evidence (rather than a lower civil standard).
When can the government seize your property?
Police can take your property during traffic stops, searches or arrests. Law enforcement may argue that certain items helped carry out or benefit from a crime. Here are some examples of property often involved in forfeiture cases:
- Cash believed to relate to drug activity
- Vehicles used during alleged criminal conduct
- Electronics connected to financial crimes
- Real estate tied to illegal transactions
After a seizure, legal proceedings determine whether the government can keep the property. Owners may dispute the connection between the property and the alleged offense. Courts then review evidence, financial records and witness testimony to evaluate those claims.
How you can fight for your rights
Forfeiture cases often move alongside criminal charges, so act quickly and speak with an attorney experienced in both criminal and forfeiture law. They can help you file timely claims, demand discovery and press for a hearing to challenge the seizure. Because deadlines can be short, talk to counsel as early as possible so they can help protect what you have built over time.
