Confiscation, Restraint & Cash Forfeiture

  • DJMS are experts in ensuring that you do not just get the best representation in respect of your criminal defence, but also ensuring that your assets are protected to the fullest extent possible from the reaches of the state.

    Overview

    This highly contentious area of law is highly reliant upon thorough preparation and attention to detail. We deal with many multi-million pound applications and seek to instruct the most suitable and able experts along with appropriate Counsel for Crown Court Proceedings. We work with a number of Barristers Chambers to ensure that counsel instructed is of the highest quality. Additionally, we have a number of solicitors who deal with Confiscation, Restraint & Cash Forfeiture.

    Confiscation Order Proceedings & Negotiations

    DJMS can provide legal advice and representation on all legal issues arising from Confiscation Order proceedings and negotiations.

    A confiscation order is made after a person has been convicted of an offence which has resulted in financial gain and is used to prevent the defendant from benefitting from the proceeds of the crime.

    If you are affected by such proceedings it is necessary to seek immediate specialist legal advice. Our lawyers are available 24 hours a day, providing immediate, first class legal advice, representation and assistance during legal proceedings. Please contact our Confiscation, Restraint and Cash Forfeiture Department on 0191 5101221 or email enquires@djmssolicitors.co.uk

    Restraint Orders

    DJMS can provide legal advice and representation to clients who have been served with Restraint Orders, as to the subsequent legal proceedings.

    Restraint Orders enable prosecuting authorities to freeze the assets of an individual, for the purpose of protecting them for potential future confiscation hearings, in the event that an individual is convicted or pleads guilty to an offence. They are usually obtained in cases where an individual is being investigated for fraud, money laundering or serious drug offences.

    Our expert lawyers can advise you as to the validity of the Restraint Order and challenge the making of the Order as well as its terms.

    If you are affected by such proceedings it is necessary to seek immediate specialist legal advice. Our awyers are available 24 hours a day, providing immediate, first class legal advice, representation and assistance during legal proceedings. Please contact our Confiscation, Restraint and Cash Forfeiture Department on 0191 5101221 or email enquires@djmssolicitors.co.uk

    Cash Forfeiture

    DJMS specialist team lawyers have extensive experience dealing with Cash Forfeiture proceedings, providing high quality legal advice and expert representation to clients.

    The Proceeds of Crime Act 2002 empowers the Police to seize cash in excess of £1,000 they suspect it may be the proceeds of criminal conduct or intended for use in such conduct. Criminal conduct includes a wide range of offences, including the proceeds of drug trafficking to legitimately earned income which has not been declared for tax.

    Within 48 hours of seizing cash, the police must apply to the Magistrates Court to detain the cash for up to 90 days, while they investigate its source. This process may be repeated for up to two years, and at any time the police can apply to keep the cash permanently.

    Cash Forfeiture proceedings are conducted under Civil Law, therefore the police only need to satisfy the Court on the balance of probabilities that the cash is criminal property. Proving the source of cash can be difficult and requires detailed consideration.

    For expert professional legal advice contact DJMS now. Our Lawyers are available 24 hours a day, providing immediate, first class legal advice, representation and assistance during criminal proceedings, ensuring the best interests of our clients. Please contact our Confiscation Department on 0191 5101221 or emailenquires@djmssolicitors.co.uk

    “Despite our arguments it has to be said you were right – I and my partner owe you everything.”

    R v RD. Sunderland Magistrates Court - Newcastle Crown Court
  • Client Services

    Contact Details
    0191 5101221
    info@djmssolicitors.co.uk

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