Virginia Beach Forfeiture Lawyer
Defending Against Asset Forfeiture Throughout Virginia Beach
757-337-2500
We Restore Order When the Government Tries to Keep Your Property
A traffic stop, a search, or an arrest can end with the government taking your cash, your car, or even your home — and refusing to give it back. Asset forfeiture allows law enforcement to seize property they claim is connected to a crime, and then move to keep it permanently through a separate legal process. For many people in Virginia Beach, the seizure happens fast, the paperwork is confusing, and the deadlines to fight back are short.
At Invictus Law, we help people recover seized property and fight forfeiture actions throughout Virginia Beach, Norfolk, Chesapeake, and the broader Hampton Roads region. Our criminal defense team includes former prosecutors who understand how forfeiture cases are built — and how to challenge them. Because forfeiture so often rides alongside a criminal charge, we defend both the case against you and the case against your property.
We believe every case deserves a disciplined, strategic defense. From challenging an unlawful seizure to holding the government to its burden of proof, our goal is to protect your rights and your property.
Understanding Asset Forfeiture in Virginia
Forfeiture is a civil action against the property itself, which is why these cases carry unusual names like Commonwealth v. $21,000 in U.S. Currency. The theory is that the property, not just the person, was connected to a crime. In Virginia, the process is governed by Virginia Code § 19.2-386.1 and the related forfeiture statutes, and it runs independently of any criminal case, meaning the fight over your property is a separate proceeding with its own rules and deadlines.
Virginia strengthened its forfeiture laws in recent years. Under § 19.2-386.1, a forfeiture action is now generally stayed until the owner is found guilty of an offense that authorizes forfeiture, and property is to be forfeited only upon such a finding of guilt. If no finding of guilt is made, the seized property must generally be released no later than 21 days after the stay ends, but only if the owner has taken the right steps to demand it back in time.
If a forfeiture case does go to trial, the burden starts with the government. The Commonwealth must prove by clear and convincing evidence that the property is subject to forfeiture. If it meets that burden, the burden then shifts to the owner to prove an exemption, such as the innocent owner defense, by a preponderance of the evidence. How that burden is met, or defeated, is often where these cases are won or lost.
What Property Can Be Seized
Virginia law allows the seizure of many kinds of property alleged to be connected to criminal activity, most often drug and firearm offenses. Commonly seized property includes:
- Cash and currency — by far the most frequently seized category
- Vehicles — cars, trucks, and motorcycles alleged to be used in or bought with the proceeds of a crime
- Bank accounts and financial assets
- Firearms — subject to their own forfeiture provisions
- Real property — homes and land, which carry additional statutory protections and are reachable only in more serious cases
Forfeiture is most common in drug cases, but Virginia law also reaches property tied to offenses such as money laundering, illegal gambling, and others. If your seizure grew out of a drug charge, the criminal case and the forfeiture are deeply connected, which is why they should be defended together.
Criminal Defense Cases We Handle
Our criminal defense team represents individuals facing a wide range of misdemeanor, felony, federal, military, and security-clearance related matters throughout Virginia Beach and Hampton Roads.
How Invictus Law
Can Help
Forfeiture defense is not passive for us. It is a disciplined process designed to protect your property, hold the government to its burden, and where a criminal charge is involved, defend both fronts at once.
Case Assessment
We begin by understanding what was seized, how it was seized, and whether a criminal charge is attached. We explain the forfeiture process, identify the deadlines that apply, and flag what needs immediate attention.
Goal Planning
Every client’s priorities are different — recovering cash needed to live, getting a vehicle back, or protecting a home. We build a plan around your specific goals.
Case Discovery & Investigation
We examine the stop, the search, and the seizure by pulling reports, body camera footage, and records to determine whether your constitutional rights were respected and whether the property is truly connected to any crime.
Plan of Attack
After weighing the strengths and weaknesses of the case, we develop a strategy tailored to your circumstances — which may include an innocent owner claim, a motion challenging the seizure, negotiation, or contesting the forfeiture at trial.
Execute Plan
We pursue the chosen strategy through demands, motions, hearings, and trial advocacy, while defending any related criminal charge and keeping you informed throughout.
Mission Accomplished
Whether the matter resolves through the return of your property, a negotiated outcome, or a contested hearing, we help you understand the result and your options going forward.
Asset Forfeiture by the Numbers
Forfeiture is a significant and closely tracked activity in Virginia. In fiscal year 2023, the Virginia Department of Criminal Justice Services reported that law enforcement agencies across the Commonwealth seized cash, vehicles, and property valued at more than $7 million. The overwhelming majority of what is taken is cash. From 2019 to 2023, more than 80 percent of Virginia forfeitures involved currency.
There is also a powerful financial incentive built into the system. Under Virginia law, 100 percent of forfeiture proceeds go to law enforcement — 90 percent returned to the seizing agencies and 10 percent to the state. And recovering seized property can be slow: over that same period, when owners did get their property back, it typically took around nine months, and in a quarter of cases, sixteen months or more. The combination of a strong incentive to seize and a slow path to return is exactly why acting quickly, and correctly, matters.
Why “I Was Not Convicted” Is Not Always Enough
A common and dangerous misconception is that your property is safe as long as you are not convicted. Virginia’s conviction requirement is real, but it has important exceptions, including forfeitures resolved through a plea agreement, and situations where an owner does not formally demand the return of the property within the time the law allows.
There is also a federal path. Virginia does not prevent local agencies from routing seizures through the federal equitable sharing program, which follows federal forfeiture rules rather than Virginia’s and does not require a state conviction. Since 2000, Virginia agencies have taken in more than $370 million through federal equitable sharing. In short, walking away from the criminal case does not automatically mean getting your property back, which is why these cases deserve attention from the very beginning.
Deadlines That Can Decide Your Case
Forfeiture is unforgiving about timing. A few of the deadlines that can determine whether you keep your property include:
- Demanding your property back — where no finding of guilt is made, the law generally requires release within 21 days after the stay ends, but only if a proper written demand has been made
- Responding to the forfeiture action — if you do not appear and contest the case, the court can simply allow the government to keep the property
- Petitions for remission — after a forfeiture judgment, there is a short window to petition the Department of Criminal Justice Services
Missing a deadline can foreclose options that would otherwise be available — which is why the safest step after any seizure is to speak with a lawyer right away.
Why Hire Invictus Law for a Forfeiture Case?
We regularly represent clients in the Virginia Beach Circuit Court, the Virginia Beach General District Court, and courts throughout Hampton Roads, and in the criminal cases that so often accompany a seizure.
Former Prosecutor Insight Into How Cases Are Built
Our team has worked on the other side of these cases. We understand how seizures are justified and how forfeiture actions are assembled — and we use that experience to find the weaknesses early.
Criminal and Forfeiture Defense Together
Because forfeiture so often grows out of a drug or firearm charge, defending the property and the criminal case in tandem matters. Weakening the criminal case can directly undercut the forfeiture, and we approach both as part of a single strategy.
Recovery of Attorney’s Fees Where the Law Allows
Virginia law provides that, where a forfeiture proceeding is terminated in favor of the property owner, the owner may be entitled to reasonable attorney’s fees and costs paid by the Commonwealth. We keep that possibility in view as part of building your case.
Focused Practice
Many firms handle a wide range of legal matters. We focus our practice on criminal defense and family law. That focused approach allows us to bring deeper experience and more refined systems to every case.
Process-Driven Representation
We follow a structured process that ensures every case receives consistent attention, strategic planning, and proactive communication.
Respected Standing in the Legal Community
Invictus Law has earned recognition from organizations including the National Trial Lawyers, the Virginia Trial Lawyers Association, and the National College for DUI Defense, along with strong peer and client recognition through Avvo. These affiliations reflect our commitment to disciplined, high-level defense representation throughout Virginia Beach and Hampton Roads.
What Makes Invictus Law Different
A Unique Combination
Many firms handle criminal cases. What distinguishes Invictus Law is our combination of focused experience, military insight, local knowledge, and process-driven representation.
Former Prosecutors
Our attorneys include former prosecutors who understand how criminal cases are investigated, charged, and presented in court. That experience helps us identify weaknesses in the government’s case and develop effective defense strategies.
Local Experience Matters
Our team is deeply familiar with the courts, judges, prosecutors, and legal procedures throughout Virginia Beach and Hampton Roads. Local experience matters. Understanding how cases are handled in local courts helps us provide realistic expectations and effective representation.
Military and Security Clearance Experience
We also possess substantial experience representing military personnel, government employees, and security clearance holders throughout Hampton Roads. Few criminal defense firms understand the overlap between criminal charges, military consequences, federal employment concerns, and security clearance issues as thoroughly as Invictus Law.
Process-Driven Representation
Most importantly, we follow a proven process. Every criminal case begins with understanding the facts, identifying goals, evaluating options, developing a strategy, and maintaining clear communication throughout representation. We believe preparation reduces uncertainty, and informed clients make better decisions.
Our Attorneys
Each of our attorneys brings unique experience and perspective to the firm. Together, they collaborate on strategy, share ideas, and leverage one another’s strengths to help clients achieve the best possible outcome.
Rather than working in isolation, our attorneys regularly discuss complex legal issues, evaluate strategy, and draw upon one another’s courtroom experience. That means every client benefits from the collective knowledge of the firm—not just the experience of the attorney assigned to the case.
Eric Leckie
Founding Attorney. Marine Corps JAG. Former Prosecutor.
Founder of Invictus Law and a former United States Marine Corps Judge Advocate with over 23 years of trial experience in federal criminal defense, military law, and security clearance matters.
Shemeka Hankins
Former Prosecutor, Decorated Trial Attorney & Fearless Criminal Defense Lawyer
Partner. Former Prosecutor with the Virginia Beach and Norfolk Commonwealth Attorney's Office, recognized as a Super Lawyers Rising Star and Virginia State Bar Local Bar Leader of the Year.
Yolanda Beasley
Family Law and Trial Attorney. Certified Guardian ad Litem.
Virginia Beach native and certified Guardian ad Litem recognized as a Super Lawyers Rising Star (2023, 2024) and National Black Lawyers Top 40 Under 40.
Reviews & Results
Frequently Asked Questions
Can the government keep my property if I am not convicted of a crime?
Sometimes. Since 2020, Virginia law generally requires a finding of guilt before most property can be forfeited under state law — but there are exceptions, including forfeitures resolved through a plea agreement and cases where an owner does not demand the property back in time. In addition, local agencies can route seizures through the federal equitable sharing program, which does not require a Virginia conviction. Not being convicted helps, but it does not always guarantee the return of your property.
What is the most commonly seized type of property?
Cash. From 2019 to 2023, more than 80 percent of forfeitures in Virginia involved currency. Vehicles, bank accounts, firearms, and, in more serious cases, real property can also be seized.
How quickly do I need to act after my property is seized?
Right away. Forfeiture runs on short and unforgiving deadlines, including the requirement in many cases to formally demand your property back within a set window, and the need to appear and contest the forfeiture action. If you do nothing, a court can allow the government to keep the property by default. Speaking with a lawyer promptly is the best way to protect your options.
Do I need a lawyer if I was not charged with a crime?
It is still worth speaking with one. Even people who are never charged can have property seized, and recovering it may require formally demanding its return, asserting an innocent owner defense, or contesting the case in court. An attorney can help you identify the fastest and strongest path to recovering your property.
Can I recover my attorney’s fees if I win?
Possibly. Virginia law provides that when a forfeiture proceeding is terminated in favor of the property owner, the owner may be entitled to reasonable attorney’s fees and costs paid by the Commonwealth. Whether that applies depends on the specific outcome and circumstances of your case.
Where is a Virginia Beach forfeiture case heard?
Forfeiture actions in Virginia are generally filed and heard in circuit court — for local matters, the Virginia Beach Circuit Court — and run separately from, though often alongside, any criminal case in the Virginia Beach General District Court or Circuit Court.
Legal Insights
