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:

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:

  1. Used to facilitate a drug offense, or

  2. 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:

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:


Fighting Forfeiture in Pennsylvania

Forfeiture can be challenged, but doing so successfully requires a strategic and well-documented defense. You may need to present:

Some people choose not to fight forfeiture because:

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:

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.