Did You Know Your Property Can Be Taken Without A Conviction?

Did You Know Your Property Can Be Taken Without A Conviction?

Did You Know Your Property Can Be Taken Without A Conviction?

Knowing what civil asset forfeiture is and
what you can do if you are a victim of it

 

Let’s talk about a topic that doesn’t roll off the tongue or come up in casual conversation – civil asset forfeiture. We here at the Georgia Center for Opportunity (GCO) just released a report on its usage in Georgia because it’s a system that has the potential to overburden low-income communities not able to fight back or financially recover. To understand why this is true, we must first understand what it is, how it’s used and how people go about getting back property confiscated from them.

 

What is civil asset forfeiture?

Civil asset forfeiture is a process used by law enforcement to confiscate property they deem as having been used in criminal activity. Unlike criminal asset forfeiture, civil asset forfeiture does not require a conviction or criminal charges.

Georgia is one of thirty-four states that have civil asset forfeiture laws. Despite recent laws requiring new reporting, regulations on how funds are used, and transparency there are still stories of abuse

While abuse is not widespread, it is vital that we create a system that will bring light to abuses so that the benefits of the law are not lost.

 

Civil Asset Forfeiture in Georgia

What is done with the confiscated property?

Once property is confiscated, it can be retained by law enforcement through a simple procedure that puts the burden on the owner to essentially prove that the property was not used in criminal activity – a very difficult thing to do. Police departments are then free to use the property for any purpose not directly related to officer compensation. 

Recent changes in the law were intended to make the forfeiture system more transparent and accountable through clear reporting and giving the public access to the information. While the reforms were helpful and have brought some transparency, more still needs to be done to curb potential abuse of the system and insure innocent individuals don’t have their property taken.

 

officers investigating a carWhy is property confiscated?

There are two reasons your property may be confiscated. 

The first is if the police believe your property was used in criminal activity. If this happens it is the responsibility of the person whose property is confiscated to make a claim and prove that it was not used in criminal activity. 

The other scenario described below by the Institute for Justice, is the police confiscate property used in criminal activity, whether you knew of it or not. So if a criminal breaks into your car and takes it on a crime spree, it can be confiscated, and it becomes the owner’s responsibility to prove innocence.

If an innocent person’s property gets allegedly used by somebody else in a crime, the innocent owner bears the burden of proving that he or she neither knew about nor consented that criminal activity.


How do I get my property back?

If your property is confiscated the responsibility is on the individual whose property is taken to prove their innocence. This includes filling out the proper forms and directly contacting the police department that confiscated your property.

In most cases, the issue will not go to court since the majority of civil forfeitures end administratively. This does not mean you won’t need a lawyer. If you feel you need a lawyer, we suggest reaching out to legal organizations like the Georgia Justice Project or the Institute for Justice. These organizations can help share steps on how to fight abuse.

 

Share your experience

No matter what the outcome is in your case, it is important to share your story. Most in the system are well-intentioned individuals, but the best way to keep the system accountable is through transparency. If you have a story of civil asset forfeiture, we want to hear from you. Tell us your experience, good or bad.

Have you been a victim of property confiscation by the police?

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You Don’t Have To Be African American In Order To Appreciate Black History Month!

You Don’t Have To Be African American In Order To Appreciate Black History Month!

You Don’t Have To Be African American In Order To Appreciate Black History Month!

As I reflect on Black History Month, I remember when I first started working at the Georgia Center for Opportunity (GCO). Randy Hicks, GCO President and CEO, and I entered into a discussion about African American families. In reality, it should be called more of an awakening than a discussion.  

When one group does not succeed, it affects us all.

Randy spoke for several minutes on some of the experiences African American families were having within Georgia and across the country. For instance, the rate at which black people were getting married was drastically dropping while the number of single African-American parents was at an all-time high.  He asked me if I was aware of this plight within the black community and I said no. I remember asking him why did HE know so much about this group of people when he was so clearly not one of them, and his response was stunning.  He said, “It is important that ALL people flourish.”

When one group does not succeed, it affects us all. To this day, I am still amazed by that conversation, especially because I wasn’t aware of the horrifying statistics affecting my neighbors. After all my parents raised my sisters and me to know about Black History.

I had no knowledge about the state of African-American Marriages or the incredibly high out of wedlock birthrate.  As part of my work, I attended The African American Healthy Marriage Initiative conferences and I began to learn more.  This education has not only shaped my work but shaped my life in how I think and care for others.

Today, my life is devoted to helping relationships (of all kinds) be healthy and strong. If I’m not doing something to solve the problems, I am part of the problem. As Black History has taught us, it’s through strong individuals and communities coming together that we all become one and see success.

I am very thankful for my conversation with Randy almost 15 years ago.

About The Author

Joyce Mayberry

Joyce Mayberry

VP of Family Formation

As VP of Family Formation at the Georgia Center for Opportunity, Joyce works in the community to build strong families through local collaboration, event planning, and outreach.

Recognizing Black History Month Is About Recalling Where We Came From

Recognizing Black History Month Is About Recalling Where We Came From

Recognizing Black History Month Is About Recalling Where We Came From

Seeing Black History Month through the eyes of 114-year-old Gertrude Baines

To celebrate Black History Month, let me take you back to November 2008.

The morning of the election—an election that would make history with the victory of Barack Obama, first African-American president in U.S. history—a small headline appeared on websites and in papers: “At 114, a daughter of former slaves votes for Obama.”

Gertrude Baines celebrating 115 yearsGertrude’s story really typified the reasons why. She was born less than thirty years after the conclusion of the Civil War, during the presidential administration of Grover Cleveland—at a time when African Americans were often kept from voting and subjected to unspeakable abuses. Her life had overlapped those of many of America’s (and history’s) great black leaders, like Frederick Douglass (he died about six weeks prior to Baines’ first birthday), W.E.B. Dubois, Booker T. Washington, George Washington Carver, and Martin Luther King, Jr.

She had lived through some important milestones in the fight for civil rights and equal opportunity. She was 53 when Jackie Robinson jogged onto the diamond at Ebbets Field in Brooklyn, 60 when the Brown v. Board of Education ruling was handed down, and 61 when Rosa Parks refused to give up her seat on a Montgomery bus.

She has also been witness to some of the most shameful moments in our nation’s history. She was 61 when 14-year-old Emmett Till was brutally murdered in Money, Mississippi, 69 when four black children lost their lives in a Birmingham church bombing, and just two days shy of her 74th birthday when Dr. King was assassinated. (Please take note: those are just the high profile abuses she witnessed as a senior citizen.)

Gertrude’s story reminds me of how exceptional and amazing American democracy is. How many other countries have elected ethnic minorities to lead them? Generally speaking, elsewhere in the world, such transitions don’t happen without military coups and civil wars. The fact is, America is exceptional in large part because of the many people of color who helped rise above and form it that way.

President Barack Obama taking his oath of office in January 20, 2009.

Can you imagine Gertrude’s parents ever having said to her, “One day you will cast your vote for a black man who will win the presidency”? I suspect they never could have imagined it. And yet, on November 4th of 2008, Barack Obama became America’s president-elect. And it was not by court order, legislative edict or military force, but by popular vote. The majority of American voters—black, white, Asian, Hispanic, etc.—chose him to be their leader.

The fact is, America is exceptional.

It’s worth pointing out that this is a trajectory we have been on for decades as evidenced by the fact that people of various ethnic backgrounds have been elected or appointed to become governors, lawmakers, cabinet secretaries, judges and so on.

We celebrate that this Black History Month.

Admittedly, I’m just a white guy from Orange County, California, now living happily in Atlanta. My ability to understand the plight of minorities in the U.S. is obviously limited. But I am a human. And I am able to recognize suffering, heartache and inhumanity when I see it. So I am also able to recognize both the source and manifestation of profound joy felt by millions of African Americans – and people of African descent worldwide—in seeing Barack Obama elected to the White House in 2008.

While that was a great moment, so much more remains to be done to ensure that everyone, of every color and ethnic background, has a legitimate opportunity to flourish. We’ve come a long way—but we have a long way still to go.

Gertrude Baines passed away in September 2009 at the remarkable age of 115—at the time, the oldest living person in the world. What a lifetime of progress she saw toward the realization of the American ideal—laid out (but not always carried out) by our visionary and courageous founders: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights…”

And that’s why we at GCO we will be celebrating those who have contributed so much to our nation—those from the African-American community who, like Gertrude, remind us of what is great about this country.

Georgia earns high marks for career development, but workforce lags, labor commish says

Georgia earns high marks for career development, but workforce lags, labor commish says

Georgia’s workforce development program has been selected as the best in the South Atlantic Region by business publication, Site Selection Magazine.

Gov. Brian Kemp made the announcement a day after Labor Commissioner Mark Butler said workforce numbers are lagging…

Georgia spends about $23 billion in welfare costs annually, according to the Georgia Center for Opportunity. About 20 percent of the state’s population receives one or more benefits.

 

The Georgia Center for Opportunity also found that nearly 250,000 of Georgia’s male population between 25 to 54 years old are no longer counted in the labor force because they have “dropped out.”

 

Lawmakers need to ensure the job opportunities are being presented in the impoverished areas of our state, Corey Burres, spokesperson for the nonprofit, told The Center Square in an earlier interview.

 

Read the full article here

Georgia earns high marks for career development, but workforce lags, labor commish says

Why should you care about the ex-offender in your community?

Local coalition works to reduce recidivism rates and replace stigmas with compassion

When it comes to tackling deep-rooted social issues, no single organization can do it alone. The Greater Gwinnett Reentry Alliance (GGRA) is a coalition of service providers in Gwinnett County that works to mobilize community resources — human, financial, and material — all with the purpose of reducing recidivism rates in the county and beyond…

Other partners in GGRA include GRIP, Hearts to Nourish Hope, Navigate Recovery, United Way of Greater Atlanta, Georgia Center for Opportunity, Judy House Ministry, Obria Medical Clinics and others.

 

Read the full article here

Three ways that Georgia lawmakers can immediately help the impoverished

Three ways that Georgia lawmakers can immediately help the impoverished

Three ways that Georgia lawmakers can immediately help the impoverished

Georgia lawmakers are back in town, kicking off the 40-day 2020 session on Monday. While the General Assembly is set to consider a range of issues—tax cuts, OK’ing the state’s budget, healthcare, and more—here are some immediate ways that lawmakers can help those in poverty:

Kids learning science in a classroomExpand educational access

One crucial way to help those in poverty is to ensure the cycle doesn’t repeat in the next generation. Today in Georgia, too many schools are failing to properly prepare children for the next phase of life, and without high-quality education options the dropout rates will continue to rise and cycles of poverty will never be broken.

The statistics are alarming: More than 1 in 5 young adults in Georgia are not attending school, not working, and have no degree beyond high school. Additionally, around 20 percent of students do not graduate from high school on time.

For these reasons and more, lawmakers should expand educational access in Georgia by passing Educational Scholarship Accounts (ESAs). This will build on the solid foundation created in recent years through the Tax Credit Scholarship Program, the Special Needs Scholarship Program, and expansion of charter schools in our state. Already, over 250,000 children in Georgia benefit through these schools and programs. That trend must and will continue.

We also realize that most Georgia families will continue to enroll their children in their locally zoned public schools. And we must continue ensuring that traditional public schools are properly funded and supported. Ultimately, we should empower all families to make the best choice possible in where and how to educate their children.

2 men in a training classHelp people find work and bolster the safety net

More than half-a-million Georgians are unemployed or unable to find full-time employment. Many of these individuals are ready to flourish if given the opportunity.

We can see change through on-the-ground partnerships that train impoverished Georgians for in-demand jobs; welfare reform that rewards work rather than punishes it; and prison reform that helps former inmates find support, work, and stability after transitioning from behind bars.

A family hanging out togetherStrengthen families

People from all walks of life are more likely to flourish if they enjoy strong relationships and a healthy family life. But here in Georgia, our state is experiencing troubling trends in a number of areas: marriage rates continue to decline, and child births outside of marriage have become the norm. While these trends cost taxpayers over $100 billion annually, the costs in terms of human suffering are immeasurable.

Lawmakers returning to the Gold Dome this week should create a tax code that doesn’t unfairly penalize marriage and, instead, one that encourages long-lasting, healthy relationships.