Supreme Court ruling - which said civil forfeitures are not considered a punishment under the U.S.
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The government is arguing the court should apply a two-part test from a past U.S. The Fred family’s lawyers are arguing that violates Nevada’s double jeopardy law, which forbids multiple criminal punishments for the same offense. The forfeiture process is a civil proceeding that occurs separately from an original criminal sentencing. Both sides are now awaiting a ruling from the Nevada Supreme Court, whose Carson City chambers are just 3 miles from the premises. While the family has regained possession of the home, the state is still pushing to take it back. “It’s really sad to know that a place we called home and a place we can go to was taken and abandoned … while we all had to just sit back,” Sylvia said in an interview. Mold covered the walls, a ceiling fan had warped because of moisture, apparent animal feces were scattered along the floor and couches and a television were lying in the backyard. When the family finally regained control of the home in March 2022 following a court victory, it looked nothing like the place that once housed at least six people. Officials recovered methamphetamine, firearms and cash from the home, according to the forfeiture application. Elvin, now 41, was sentenced to life in prison with the possibility of parole in 2015 on a drug trafficking charge.
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From 2019 to 2022, the Nevada government took control of the home under asset forfeiture - which allows law enforcement to take private property believed to be connected to a crime. Elvin Fred bought the home in 2012 and for years sheltered family members experiencing homelessness, said Sylvia Fred, Elvin’s sister. That would give Nevadans the right to free counsel to fight such proceedings.Ī home in Carson City was a place of refuge for the Fred family. Now, a family’s lawsuit may change Nevada’s forfeiture system ,” The Nevada Independent, September 10, 2023Ī family victory may lead to asset seizure being considered a criminal punishment. John is a member of the Legal Aid Center of Southern Nevada’s 300+ Hours Club and LACSN recognized John as a Pro Bono Volunteer of the Month. ” John took the case on appeal through the Nevada Supreme Court’s pro bono appellate program which refers cases to the Legal Aid Center of Southern Nevada, and John volunteered to provide pro bono representation.
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The case is also featured in an article published in Reuters’ Daily Docket titled “ Nevada lawyer seeks to upend state’s forfeiture laws ” and an article published in Law360 Access to Justice titled “ Attorneys Work To Take The ‘Civil’ Out Of Civil Forfeiture. John’s case is part of a nationwide effort to change the way government approaches seizing property allegedly linked to criminal activity. John’s case presents an issue of first impression arguing Nevada’s civil forfeiture statute is unconstitutional because it violates Nevada’s double jeopardy clause as it may result in extracting an additional punishment based on the same criminal conduct. On AugJohn presented oral argument before the Nevada Supreme Court. Now, a family’s lawsuit may change Nevada’s forfeiture system” is provided below and available here. The Septemarticle titled “The government took their home.
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The Nevada Independent interviewed litigation attorney John Fortin about a pro bono case he is handling that could reshape the forfeiture process in Nevada.