 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
The Oklahoma Legislature and the U.S. Congress have authorized the seizure and forfeiture of assets which are obtained with criminally derived proceeds or when the asset is used to facilitate a crime. The best examples are the seizure of a car used to transport illegal drugs or the seizure of a farm used to grow marijuana. There are many grounds for seizure under both state and federal law. The standards are different for federal and state courts, so it is important to know what agency seized the property and to know the federal and state forfeiture laws.
To forfeit the seized property under state or federal law, notice must be given to the owners and a due process hearing held before the ownerships can pass to either the state or federal governments. The Wyatt Law Office has represented dozens of persons challenging the forfeiture and claiming innocent ownership of the property. There are several defenses to forfeiture depending on the circumstances. I can help you examine the issues, develop defenses and determine whether to pursue the assets in a forfeiture action.
Recent & Noteworthy Investigations & Results
$200,000+ "Seized Money" Returned to Client
. In December 2002, Wyatt secured the return of over $210,000 to his client from the Oklahoma Department of Public Safety (i.e., Oklahoma Highway Patrol). The money had been seized during a traffic stop in Eastern Oklahoma. After litigating the issues for five months, the full amount of the money was returned.*Verdict for Client
. Client's brand new pickup was seized when drugs were found in the vehicle during their son's traffic stop for DUI. The officer found marijuana and a pipe in the truck. Because the truck was owned "free and clear," the State filed a forfeiture action claiming that the truck was used to maintain drugs and drug activity. Mr. Wyatt filed an action on behalf the parents as "innocent owners." The trial judge ruled in favor of the clients. The OHP and DPS appealed, but the Court of Appeals agreed with the trial judge. The clients retained possession of their new pickup. See, State ex rel Dept. of Public Safety v. 1988 Chevrolet Pickup, 852 P.2d 786 (Okla. App. 1993) (appeal filed by Craig Dodd, but Bob Wyatt was the trial lawyer who won the case initially).*
*Note:
Results
may vary because each case must be decided
on its own unique facts and the law applicable to that given case.
You should not infer the likelihood of success on a given case
based on past cases handled by this firm.
Office Locations
The Wyatt Law Office is located in the State's capital of Oklahoma City, which is situated in the middle of the state. Wyatt's office is just two blocks from the federal courthouse and four blocks from the Oklahoma County courthouse. We are less than 10 minutes from the State's appellate courts which are housed in the State Capitol complex. For federal criminal matters outside of Oklahoma, Oklahoma City offers easy connections to most major cities and both coasts from the Will Rogers World Airport. We also have good relations with lawyers statewide so that we can work in almost any venue in Oklahoma.
Mr. Wyatt is licensed in all of Oklahoma's federal courts including U.S. District Court Western District of Oklahoma (Oklahoma City), U.S. District Court Northern District of Oklahoma (Tulsa), and U.S. District Court Eastern District of Oklahoma (Muskogee).
Some of the cities served by the Wyatt Law Office in Oklahoma include: Oklahoma City, Altus, Broken Arrow, Del City, Edmond, El Reno, Enid, Ft. Sill, Goldsby, Guthrie, Lawton, Midwest City, Muskogee, Mustang, Newcastle, Nichols Hills, Norman, University of Oklahoma (OU), Oklahoma State University (OSU), Ponca City, Purcell, Shawnee, The Village, Tinker AFB, Tulsa, Valley Brook, Vance AFB, Woodward, and Yukon. For other cities serviced, see Our Offices at the contact us page.
Oklahoma County: Oklahoma City, Arcadia, Bethany, Choctaw, Del City, Edmond, Harrah, Jones, Luther, Midwest City, Moore, Newalla, Nichols Hills, Nicoma Park, Spencer, The Village, Tinker AFB, Valley Brook, Warr Acres, Yukon.
Canadian County: El Reno, Mustang, Piedmont, Yukon
Cleveland County: Norman, Moore
Garfield County: Enid
Logan County: Guthrie
McClain County: Purcell, Goldsby,
Newcastle
Pottowatomie County: Shawnee
Tulsa County: Tulsa, Broken Arrow, Owasso, Jenks, Bixby
For other counties serviced, see Our Offices at the contact us page.