Legal Question in Appeals and Writs in Iowa

Appeal decision to withdraw forfeiture cliam

About 6 mos. ago I was arrested on criminal drug charges. At the time of my arrest i was served with a seizure for forfeiture notice two vehicles and a sum of money were taken.I later received the state's In Rem Forfeiture Complaint.I hired an attorney and filed and a hearing was scheduled. Later under the advisement of counsel I requested that this matter be put on hold until my criminal procedure was resolved. I was granted my request and a date was to be scheduled after resolution of the criminal matter.My attorney was able to get me a plea bargain deal in the criminal matter,but he stated that the County Attorney wanted me to give up my rights in the forfeiture case.I told him that i was not willing to give up my rights to one of my vehicles because I felt as did my lawyer that we had a good chance of receiving that back at the hearing.On the day I was scheduled to go in front of a judge and accept the plea I was told by my lawyer that the County Attorney would not accept my plea if i did not give up my rights in the civil forfeiture matter.I told my lawyer that he could not do this because that was a civil matter and this was a criminal matter he agreed but offered no alternative.So against my wishes I signed the document.


Asked on 5/23/05, 3:12 am

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: Appeal decision to withdraw forfeiture cliam

So....is there a legal question there?

Read more
Answered on 5/23/05, 6:17 am


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