Should government seize your property without a criminal conviction?

Opinion 

In 2012, Mandrel Stuart, the 35-year-old owner of a small Staunton barbecue business, was stopped for a routine traffic violation in Fairfax County. In his vehicle was $17,550 in cash from his business that was going to be used for payroll and other expenses. Without being convicted of a crime, the Fairfax County Police Officer took the $17,550 under the authority of the current Virginia Asset Forfeiture laws.

He rejected a settlement for half his money, demanding a jury trial. He eventually got all of his money back, but lost his business because he didn’t have cash to pay his costs. Currently a local sheriff or police officer can seize your property without a criminal conviction. In fact you can be found not guilty of the criminal charge and the forfeiture action could continue.

Delegate Mark Cole, representing the 88th District which includes parts of Stafford and Spotsylvania Counties, is leading the fight against this practice with HB1287.

“Current Virginia law allows for seizure of personal property without a criminal conviction. My legislation would require criminal conviction before property could be taken,” said Delegate Mark Cole. I believe most commonwealth’s attorneys, sheriffs, and police are using the system responsibly,” Cole said. “However, there is the potential for abuse and it is fundamentally un-American for the government to take someone’s property when they have not been convicted of a crime. This legislation will protect property owners from potential misuse or abuse of the state asset forfeiture provisions.”

And why would there be potential misuse and abuse of this power? The state collected an average of $7.2 million a year between 2000 and 2008 by seizing cash and selling property involved in suspected drug-related activity, according to the Institute for Justice.

Of that money, 90 percent goes to the local law enforcement agency that made the seizure. The rest goes to the Department of Criminal Justice Services for law enforcement activities. If a local agency is facing a budget shortfall, asset forfeitures are an effective way to increase funding.

Under current Virginia law the check and balance is left to the local Sheriff and Commonwealth’s Attorney to ensure that law abiding Virginians are not having their assets seized by the government. However, tell that to Mr. Mandrel Stuart and his $17,500.00. Unfortunately, Delegate Mark Cole’s fight was not productive in Richmond this year.

Just last week the Senate for failed to adopt Governor McAuliffe’s amendment to SB 721 that would have ensured that a person’s property could not be forfeited to the government without a criminal conviction. The amendment mirrored House legislation (HB 1287) that was supported by the ACLU of Virginia and the Virginia Tea Party (strange political allies). The House passed HB 1287 by an overwhelming margin of 92 to 6, but the bill failed in the Senate.

During this upcoming political season, I would encourage the citizens to ask their elected leaders where they stand on Asset Forfeiture Reform. Should the government be allowed to seize and keep your personal property without a criminal conviction?

The answer is no and as your next Commonwealth’s Attorney for Stafford County, I will ensure that this abuse of power is stopped in Stafford and I will continue to support the efforts of Delegates Cole and Speaker Howell on this important issue for Virginia Families.

This post was written by Jason Pelt who is running for Stafford County Commonwealth Attorney.