How can the district attorney attempt forfeit money that they cannot prove was the proceeds of illegal activity?
Civil Asset Forfeiture in Pennsylvania Drug Cases: Can the State Take Your Money or Property?
In Pennsylvania, individuals charged with drug delivery or distribution offenses may face more than just jail time and fines. The district attorney or Pennsylvania Attorney General can also pursue civil asset forfeiture, which is a separate legal process used to seize cash, vehicles, homes, and other property allegedly connected to drug-related activity.
This type of action is common in cases involving:
Large sums of cash found during a search
Vehicles allegedly used to transport drugs
Real estate where drugs were stored, grown, or distributed
Even if criminal charges are dropped, the state can still attempt to keep your property through civil forfeiture.
What Is Civil Asset Forfeiture?
Forfeiture is a civil legal process in which the government seeks to permanently seize property that it believes was:
Used to facilitate a drug offense, or
Proceeds of illegal drug activity
Unlike criminal cases, forfeiture cases do not require a conviction. The state only needs to prove its case by a preponderance of the evidence—a much lower standard than “beyond a reasonable doubt.”
Pennsylvania Drug Forfeiture Law: The Presumption Against You
Under Pennsylvania’s Controlled Substances Forfeiture Act (42 Pa. C.S. § 6801), the government has a significant advantage in forfeiture proceedings. For example, Section 6801(a)(6)(i) states that cash found in “close proximity” to controlled substances is “rebuttably presumed” to be drug proceeds.
This means:
If the police find cash near drugs, they can seize it
The burden of proof shifts to you to show the money was lawfully obtained
Even without a criminal conviction, your property may be forfeited
This reverse burden is unusual in our legal system, where defendants typically enjoy a presumption of innocence and the state must prove wrongdoing.
Common Items Targeted for Drug-Related Forfeiture
The following are examples of property frequently seized in Pennsylvania drug cases:
Cash found in a home, car, or on a person during a drug arrest
Vehicles allegedly used to transport drugs
Cell phones, safes, or packaging materials found in connection with controlled substances
Homes or apartments where marijuana is grown or drugs are stored
Fighting Forfeiture in Pennsylvania
Forfeiture can be challenged, but doing so successfully requires a strategic and well-documented defense. You may need to present:
Proof of lawful income or origin of funds
Receipts, bank statements, or pay stubs
Testimony or affidavits explaining the presence of cash or property
Some people choose not to fight forfeiture because:
The value of the property is low, making legal costs outweigh the benefit
The process is time-consuming and complex
However, when the property is valuable—or when strong evidence supports your claim of lawful ownership—fighting forfeiture is absolutely worth it.
Hire an Experienced Forfeiture Defense Attorney
State College criminal defense attorney Jason S. Dunkle has successfully represented clients in civil forfeiture proceedings throughout Pennsylvania. In many cases, he has:
Worked with clients to prepare detailed evidence of lawful ownership
Negotiated with the district attorney’s office
Secured the return of cash, vehicles, and other property
If the police have seized your money or property in connection with a drug case, don’t assume it’s gone for good. You have legal rights—and a chance to get it back.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.