“Asset Forfeiture” in Nevada – How It Works

Asset forfeiture in Nevada allows the government to take ownership of money, vehicles, and other property connected to certain crimes. Owners who were unaware of the crimes, however, may be able to get the property back.

Property That May Be Forfeited

• Criminal proceeds: Money earned through a felony or property, including homes, bought with that money.
• Property used in qualifying crimes: For example, vehicles, computers, and tools.¹

Your Rights

• Government’s burden: Under Nevada’s general civil forfeiture proceedings, the state must prove by clear and convincing evidence that the property qualifies for forfeiture.
• Innocent owners: Your interest is protected when the relevant conduct occurred without your knowledge or consent.

Key Deadlines

• 20-day response: If you are served with a forfeiture summons and complaint, you generally must serve and file a verified answer within 20 days to contest it.
• Return of property: Law enforcement generally must return the property within seven business days after an acquittal or after criminal charges against the owner are denied or dismissed.²

If police have taken your car or savings, the first step is to find out why they are holding it and whether a forfeiture case has been filed. Keep every receipt and court paper. A deadline in the property case can require attention even while you are dealing with criminal charges.

In this article, our Las Vegas criminal defense attorneys explain the following key issues regarding Nevada asset forfeiture laws:

• 1. Seizure and Forfeiture
• 2. Property and Qualifying Crimes
• 3. Innocent-Owner Protections
• 4. The Forfeiture Process and Deadlines
• 5. Fighting Forfeiture
• Frequently Asked Questions

1. Seizure and Forfeiture

“Seizure” means law enforcement takes possession of your property, usually following a search. “Forfeiture” means you then lose your ownership interest through the legal process. Seized property cannot be forfeited unless the applicable Nevada agency files a district court complaint or the parties reach a stipulated agreement about the property.

In general, Nevada’s forfeiture process is a civil court case directed at the property, sometimes called an in rem proceeding. It can run alongside a criminal case against a person. ³

Forfeiture is meant to take away criminal profits and property used to commit crimes. After a court declares property forfeited, the state may keep it for official use, sell it, or dispose of it as the law allows.⁴

2. Property and Qualifying Crimes

NRS 179.1164 allows forfeiture of proceeds from a committed or attempted felony in Nevada. Depending on the applicable statute, forfeiture may reach:

• Cash and bank funds;
• Cars, boats, and aircraft;
• Tools, computers, weapons, and other personal property;
• Land, homes, and other buildings; and
• Property bought with criminal proceeds.⁵

Example: Rick earns money through drug trafficking and uses some of it to buy a watch. The money, watch, and car he uses to carry drugs for sale may qualify as criminal proceeds.

NRS 179.121 identifies personal property used in crimes such as murder, robbery, kidnapping, burglary, home invasion, and qualifying theft offenses. It also covers specified gang, terrorism, and other offenses. Its vehicle rules generally reach vehicles used or intended for use during a felony, along with certain specifically listed violations.

Other statutes address drug crimes, racketeering, and technological crimes. Special rules can apply, so the general procedures on this page are not the complete rulebook for every case. Some forfeiture laws also reach specified non-felony offenses.⁶

3. Innocent-Owner Protections

Under NRS 179.1164(2), your ownership interest in property is protected when the alleged Nevada crime occurred without your knowledge or consent and you were not “willfully blind” to it.

“Willful blindness” means intentionally ignoring objective facts that would lead a reasonable person to conclude that property came from unlawful activity or would be used unlawfully. A vague suspicion is not the same thing as deliberately looking away from clear facts.⁷

Example: Helen takes her roommate Lisa’s car without permission and uses it in a burglary. Lisa did not know about the plan or intentionally ignore facts pointing to it. Lisa may assert an innocent-owner defense to protect her interest in the car.

Be sure to save records showing who owns your property, who paid for it, and what you knew about its use. Titles, bank statements, loan documents, and messages can help explain your side of the story.

4. The Forfeiture Process and Deadlines

Taking the Property

Under NRS 179.1165, law enforcement generally needs “process” issued by a Nevada magistrate judge with authority over the property. However, the statute permits police to seizure without that separate process when:

• The seizure is incident to an arrest, a search under a search warrant, or an inspection under an administrative inspection warrant;
• The property is already subject to a final judgment in a forfeiture proceeding;
• Police have probable cause to believe the property is directly or indirectly dangerous to health or safety; or
• Police have probable cause to believe the property is subject to forfeiture.⁸

These exceptions do not give officers unlimited authority to search you or your home. We always examine whether a search and seizure complied with constitutional requirements.

Filing the Case and Responding

Under NRS 179.1171, the following deadlines apply to Nevada’s general forfeiture process:

• 120 days after seizure without process: The agency must file its forfeiture complaint within this period.
• 60 days without a complaint: If the agency does not file a forfeiture case within 60 days after taking property, the owner (“claimant”) can file a court action asking for it back. This does not mean the agency must automatically return it after 60 days.
• 20 days after service: A claimant contesting forfeiture must serve and file a “verified answer” within 20 days after receiving service of the summons and complaint. A verified answer is your written response to the agency’s claims, which you file with the court and sign under oath or penalty of perjury to confirm that it is truthful.⁹

The Criminal Case and Return of Property

NRS 179.1173 requires the court to pause the forfeiture proceeding while the underlying Nevada criminal action is pending trial. The pause is lifted after trial. The statute also requires:

• After acquittal: Return of the claimant’s property within seven business days.
• After charges against the owner are denied or dismissed: Return of the seized property within seven business days.
• After a ruling against forfeiture: A court order returning the property and applicable accrued interest to the person entitled to it within seven business days after the order.

Note that a claimant may also agree to forfeiture through a plea or stipulated agreement.¹⁰

5. Fighting Forfeiture

In a general civil forfeiture proceeding in Nevada, the government must prove by clear and convincing evidence that the property is subject to forfeiture. This requires more than showing something is probably true, but less than “proof beyond a reasonable doubt” in a criminal trial.¹¹

Depending on the facts, your attorney may challenge forfeiture by showing:

• No qualifying connection: The money came from lawful work or the property was not used in a way covered by the forfeiture law.
• Innocent ownership: The relevant conduct occurred without your knowledge, consent, or willful blindness.
• Procedural problems: The agency missed a required deadline or failed to provide proper notice.
• An unlawful search or seizure: Police violated your rights when obtaining the property or evidence.
• A right to return: An acquittal, denied or dismissed charges, or a ruling against forfeiture requires the property’s return under the applicable statute.¹²

Gather the seizure receipt, court papers, title documents, bank statements, and proof of where the money came from. Avoid signing an agreement giving up your property before you understand it. A forfeiture agreement can affect your rights even if you are focused on resolving the criminal charge.

Frequently Asked Questions

Can Nevada take my property if I am not convicted?

A conviction is not always required under Nevada’s general civil forfeiture law. However, NRS 179.1173 requires return of the claimant’s property within seven business days after acquittal, or the owner’s seized property within seven business days after charges against the owner are denied or dismissed.

How long do I have to fight asset forfeiture in Nevada?

Under NRS 179.1171, a claimant who wants to contest forfeiture must serve and file a verified answer within 20 days after service of the summons and complaint. This deadline is separate from the government’s deadline to file its case.

Save the papers and note when and how they were served. Calling the police department or sending an informal letter does not replace the required verified answer.

How long can police wait to file a forfeiture complaint?

If property was seized without court process, NRS 179.1171 gives the agency 120 days after seizure to file a forfeiture complaint. If no complaint is filed within 60 days, the property becomes subject to an action seeking its delivery. However, the 60-day rule does not require automatic return.

Keep the seizure receipt and date. An attorney can check whether a case was filed and whether it makes sense to bring an action seeking the property’s return.

Can I lose my car if someone else used it in a crime?

Nevada law protects your interest when the alleged criminal conduct occurred without your knowledge, consent, or willful blindness. Gather your title, loan records, and messages showing who had the car and what you knew.

Can police take cash that I earned legally?

Money used in a qualifying crime may be subject to forfeiture even if it originally came from lawful work.

Pay records, bank withdrawals, tax returns, and sales receipts can help explain where the cash came from. Preserve the records and have an attorney review the government’s claimed connection between the money and the alleged crime.

Helpful Resources

• Nevada Legislature: NRS 179.1164 – Property subject to forfeiture and innocent-owner protections.
• Nevada Legislature: NRS 179.1171 – Filing, service, and response requirements.
• Nevada Legislature: NRS 179.1173 – Proof requirements, criminal proceedings, and return of property.
• U.S. Department of Justice Asset Forfeiture Program – Information about federal forfeiture, which has different procedures from Nevada state cases.

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Legal References