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Restraint & Confiscation

You walk to the bank machine wondering when the police will return the £200.00 you had in your wallet that was seized when your property was searched. You put your bank card in the machine and it will not allow you to withdraw any money. You go inside the bank and ask why. You are informed that your account is frozen. Later a court order is served on you which has frozen your assets.

It is all too common for the police to seize and restrain your assets when arrested for drug offences. If you are being investigated or prosecuted for drug offences the authorities may freeze and restrain your assets so that they can preserve and confiscate any profits of crime. They can hold assets such as cash whilst the case is ongoing.

Restraint proceedings freeze assets which might later be confiscated. This means you cannot use, sell, transfer or dispose of your assets until the restraining order is lifted. We regularly advise clients who have been served with a restraint order. We can help you respond to the restraint order and apply to change the conditions attached to it.

It is an established principle in English law that defendants convicted of crimes should not profit financially from the crime. Therefore, if you plead guilty or are convicted of drug offences, the prosecution will apply to confiscate assets they believe are the proceeds of crime. The amount confiscated is determined by the court and depends on how much your alleged benefit is.

However, in some cases, the police will apply to seize, restrain or confiscate the cash even if you have not been charged. In some rare cases, the prosecution will even apply to confiscate the cash on a not guilty verdict being returned. This shows that the police and prosecution have far reaching powers in relation to criminal property. The powers that the police and prosecution have can affect you and the people around you. For example, your partner or business associate can have their property frozen and an application can be made to confiscate the property.

At Hodge Jones and Allen we will do everything we can to protect your assets. We represent clients at various stages of cash seizure, restraint and confiscation. We have such a strong reputation in this area of law that we often receive instructions from clients when we were not involved in the criminal trial. Our solicitors have an eye for detail and are meticulous in the examination of evidence and pursuing defence enquiries. There is no solicitor better suited than us to represent you in this situation.

Our restraint & confiscation specialists are part of our London based drugs and money laundering team. We have almost four decades of experience helping clients from around the UK with a wide variety of legal matters. For expert legal advice use our contact form or call us on 0808 250 6017 today.