KRS 218A.244: Drug-Related Property Forfeiture in Kentucky

What Is KRS 218A.244?

KRS 218A.244 authorizes forfeiture of property used in or derived from drug crimes in Kentucky. The government can take cash, vehicles, real estate, and other property — sometimes even without a criminal conviction. People in Lexington and Louisville need to understand this risk in drug cases.

What Can Be Forfeited

Cash from drug sales
Vehicles used in trafficking
Real estate used for drug operations
Equipment used to manufacture drugs
Bank accounts containing drug proceeds
Personal property purchased with drug money

Civil vs. Criminal Forfeiture

Civil forfeiture: Government must prove property is connected to crime; conviction not required
Criminal forfeiture: Requires criminal conviction; property is forfeited as part of sentence

The Burden of Proof

In civil forfeiture, the government typically must prove a connection between the property and drug activity by a preponderance of the evidence — a much lower standard than criminal cases.

Innocent Owner Defense

If property belongs to someone who was unaware of the drug activity, they may have an “innocent owner” defense to recover the property.

Time Limits

Strict deadlines apply to challenge forfeiture. Missing deadlines can result in permanent loss of property.

Federal Forfeiture

Federal forfeiture under 21 U.S.C. § 881 has different procedures and can be even more aggressive.

Clark + Harris Fights Forfeiture

Property forfeiture can devastate families. Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful: