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 Forfeiture refers to the legal proceeding that takes place when law enforcement seizes your property. A lawyer from the seizing agency will represent law enforcement.
Law enforcement can seize anything that it believes was used in the commission of a felony. This includes: Cars, boats, a house, cash, bank accounts, or jewelry.
In civil forfeiture cases, the state sues the property itself, not the person who owns (or had owned) the property. Florida state forfeiture laws provide that your property can be seized without providing any compensation. You do not need to be convicted of the underlying crime in order to lose your property: There are two distinct burdens of proof. In a criminal case, the burden of proof is "guilty beyond a reasonable doubt." In a forfeiture case, the burden of proof is "by the greater weight of the evidence." |
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The Procedure – Florida and Federal Forfeiture
If you have an ownership interest in the property seized, you will receive a Notice of Forfeiture from the seizing agency. From the time you receive this notice, you have 10 days to inform the seizing agency that you want a hearing to determine whether the police had probable cause to legally seize your property.
At the adversarial probable cause hearing, the attorney for the seizing agent will present evidence that the property was used in the commission of a felony. You or your attorney will have the chance to cross-examine the witnesses and present your own witnesses. When all parties have argued, the judge will make a decision either to uphold the seizure or to return the property.
Even if you lose the hearing, you still have a chance to take your forfeiture case to trial. In Florida, forfeiture cases take place in civil – not criminal – court. At trial, the seizing agency must prove by the greater weight of the evidence that the property was used in the commission of a felony. Again, you or your attorney will have the chance to cross-examine the opposing witnesses and present your own witnesses.
The jury has a final say as to whether your property was used in the commission of a felony.
If an agency of the federal government (FBI, DEA, etc.) has seized your assets, then the rules are entirely different than the state court case. There are many different federal laws including specific statutes for the IRS, immigration, money laundering, and drug trafficking.
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Contact Us
If your property has been seized by the government, contact Miami civil forfeiture lawyer Robert E. Abreu and forfeiture attorney Joseph H. Wolenski have experience litigating all types of forfeiture cases.
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