Initial Paperwork in a Criminal Assets Confiscation matter
Why you Need Legal Advice
Take Action Now – Protect Your Assets and Rights
If you have been served with initial paperwork in a Criminal Assets Confiscation matter, you must act quickly. The government has powerful legal tools to freeze, restrain, or confiscate your assets, and failing to respond appropriately could result in permanent loss of property, financial hardship, and serious legal consequences.Time is critical - strict deadlines apply, and delaying action could weaken your ability to challenge the confiscation.
At Stanley & Co Lawyers, we have extensive experience in Criminal Assets Confiscation Act 2005 (SA) matters and can help you fight to protect your assets. Contact us today at 08 7001 6135 to speak with an expert criminal defence and asset protection lawyer. We offer a complimentary 30-minute, no-obligation consultation to discuss your options and develop a strong legal strategy. Don’t let the government seize what’s yours - get expert legal help now.
Helpful Questions & Answers
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Notice of Restraining Order Application
This notice informs you that an application has been made to the court to restrain your assets. A restraining order prevents you from dealing with specified assets until the court makes a final decision.
Restraining Order
If the court grants the application, you will receive a copy of the restraining order. This order will detail:
- The specific assets that are restrained.
- The conditions of therestraint.
- The duration of the order.
Notice of Forfeiture Application
This notice informs you that an application has been made to the court seeking the forfeiture of your assets. Forfeiture means the permanent transfer ofownership of assets to the state.
Affidavit in Support of Application
An affidavit, often provided by law enforcement or a government official, outlining the reasons for the application. This document typically includes evidence and arguments supporting the application for restraining or forfeiture of assets.
Summons or Notice of Hearing
You will receive a summons or notice indicating the date and time of the court hearing. This document will inform you of your obligation to appear in court torespond to the application.
Statement of Claim
This document outlines the detailed claims against you and your assets, including the basis for the application under the Criminal Assets Confiscation Act 2005.
Explanatory Material
In some cases, you may receive additional explanatory material, such as a guide to understanding the restraining order, your rights, and the next steps in the process.
What You Should Do Upon Receiving These Documents
1. Read All Documents Carefully: Ensure you understand the content and implications of each document.
2. Seek Legal Advice: Contact Stanley & Co. lawyers. Being experienced lawyers in criminal asset confiscation matters, we can help you understand your rights and obligations.
3. Prepare Your Response: Work with your lawyer to prepare any necessary responses ordefences.
4. Attend Court Hearings: Make sure you attend all scheduled court hearings. Failure to do so can result in adverse decisions being made in your absence.
5. Comply with Orders: If a restraining order is issued, comply with its terms to avoid further legal complications.
Key Sections in the Criminal Assets Confiscation Act 2005 (SA)
- Section 24: Application for Restraining Order
- Section 29: Service of Restraining order
- Section 43: Revocation of Restraining Orders
- Section 47: Grounds for Forfeiture
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Combined Years Of Experience
