Florida Civil Asset Forfeiture: Why You Need a Florida Civil Asset Forfeiture Lawyer to Get Your Property Back

May 7, 2025

Florida’s Asset Forfeiture Laws Are Complex — Here’s How a Skilled Criminal Defense Attorney Can Help You Fight Back

Civil asset forfeiture is a legal process where the government can seize your property, such as cash, vehicles, or even real estate, if it is suspected to be connected to criminal activity. Florida’s laws surrounding asset forfeiture can be confusing, and too often, people lose their property without understanding their rights or options for fighting back.

If your property has been seized in Florida, it’s crucial to have a skilled criminal defense lawyer on your side to help you challenge the forfeiture. I’ve handled many civil asset forfeiture cases over the years, and I can tell you firsthand that it’s not an easy process, and the state often has the upper hand. But with the right legal strategy, property owners can win their cases and get their property back.

In this article, I’ll walk you through how civil asset forfeiture works in Florida, the relevant statutes involved, defenses that may apply to your case, and why you need an attorney to help protect your rights. I’ll also share a real-life example of a case I won to give you a clearer picture of how the system works.

What Is Civil Asset Forfeiture in Florida?

Civil asset forfeiture in Florida allows the government to seize property if it is believed to be involved in criminal activity, even if the owner is not charged with a crime. The legal premise is that the property itself is considered part of the criminal activity, rather than the person.

Under Florida Statutes § 932.701 et seq., the government can seize property that is suspected to be:

Contraband – items that are illegal to possess (like drugs, firearms, counterfeit goods).
Proceeds of Crime – money or assets gained through illegal activities.
Instrumentality of a Crime – property used to facilitate a crime (like a vehicle used to transport drugs).

This means that even if you’ve never been charged with a crime, your property could be taken if law enforcement believes it’s connected to illegal activity. You don’t automatically lose your property; you can challenge the forfeiture in court, but the process can be complicated.

Relevant Florida Statutes on Civil Asset Forfeiture

Florida’s civil asset forfeiture laws are governed primarily by Florida Statutes § 932.701–932.7061. The process typically follows these steps:

Seizure of Property: Law enforcement can seize property they believe is linked to criminal activity.
Notice of Forfeiture: The government must notify the owner that their property is being forfeited. This notice must happen within a reasonable time frame.
Filing a Claim: The property owner has 20 days to file a claim for the return of their property in court.
Court Hearing: A judge will determine whether the property should be returned or forfeited. The government must prove that the property was involved in criminal activity by a preponderance of the evidence.

Here’s an important detail: You do not need to be convicted of a crime to have your property taken. The mere suspicion of criminal activity is often enough for law enforcement to initiate a forfeiture case.

Statute Text: Florida Statutes § 932.703

One key statute in Florida’s civil asset forfeiture law is § 932.703, which outlines the procedure for filing a claim to contest the forfeiture:

"The owner of the seized property may file a claim with the court in the county where the property is located. The claim must be filed within 20 days after the date the notice of seizure is given, and the claimant must provide proof of ownership, including receipts or other documents verifying the legal acquisition of the property."

This section is crucial because it gives you only 20 days from receiving notice to challenge the forfeiture in court. Failing to act in time could result in your property being permanently forfeited to the state.

Defenses Against Civil Asset Forfeiture

While civil asset forfeiture may seem like a one-sided process, there are several defenses you can raise to challenge the seizure of your property. Let’s take a look at some common defenses:

1. No Connection to Criminal Activity

One of the strongest defenses you can assert is that your property is not connected to any criminal activity. This could involve showing that:

The property was legally obtained.
There’s no evidence linking the property to illegal conduct.
You were unaware of how the property was being used or what was happening with it.

For example, if the police seized your vehicle but there’s no evidence that it was used in the commission of a crime, you could argue that the car should be returned.

2. Innocent Owner Defense

Under § 932.703(2), you can argue that you are an innocent owner of the property. This means you didn’t know and couldn’t have reasonably known that your property was being used for illegal activity.

For example, if your spouse or another person was involved in illegal activity and used your property without your knowledge, you could claim that you didn’t have control over the property and therefore should not be penalized.

3. Improper Seizure

A defense that often works in forfeiture cases is proving that the seizure was improper. This could involve a violation of your constitutional rights, such as:

No probable cause for the seizure.
Unlawful search and seizure in violation of the Fourth Amendment.
Failure to provide proper notice of the forfeiture.

If law enforcement violated any of your rights during the seizure, your property could be returned, and the forfeiture case dismissed.

Why You Need a Lawyer for Asset Forfeiture Cases

The laws surrounding civil asset forfeiture are complex, and the process can be difficult to navigate without a skilled lawyer. One of the biggest challenges in asset forfeiture cases is timing. You must file a claim within 20 days to challenge the forfeiture. Missing that deadline can result in the permanent loss of your property.

Here’s how an experienced criminal defense attorney can help:

Legal expertise: I understand the ins and outs of Florida’s asset forfeiture laws. I know how to challenge the evidence the government uses to justify the forfeiture.
Filing the claim: I make sure your claim is filed correctly and within the required time frame to protect your rights.
Investigation: I will investigate the circumstances surrounding the seizure, find any potential violations of your rights, and gather evidence to support your case.
Negotiation: In some cases, we may be able to negotiate a settlement or favorable resolution without going to trial.
Court representation: If the case goes to court, I’ll represent you and fight for the return of your property.

A Real-Life Example: Winning a Civil Asset Forfeiture Case

I had a case several years ago where a client’s $25,000 was seized after a police stop. The officers had stopped my client for a routine traffic violation, but during the stop, they claimed to have smelled marijuana. They searched my client’s vehicle and found cash in the glove compartment. They assumed the money was tied to drug trafficking and seized it.

Here’s the problem: My client had just withdrawn the cash from a bank to use for a real estate investment. There was no evidence of illegal activity, and the money was legally obtained. We filed a claim for the return of the money, and during the hearings, we presented bank statements, transaction records, and witness testimony about the planned investment.

After a lengthy battle, we were able to show that the money was not involved in any criminal activity, and the judge ruled in favor of my client. The money was returned, and the forfeiture case was dismissed.

This case shows how important it is to have a defense lawyer who knows how to present evidence and challenge the government’s claims effectively.

If your property has been seized by law enforcement in Florida, don’t wait. The process of challenging civil asset forfeiture is time-sensitive, and you need an experienced attorney to protect your rights.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.

FAQs – Florida Civil Asset Forfeiture

What happens if my property is seized under civil asset forfeiture?
If your property is seized, the government must provide you with notice, and you have 20 days to file a claim to contest the forfeiture. If you don’t act within that time frame, the property may be permanently forfeited.

Can I get my property back after it’s been seized?
Yes, you can contest the forfeiture in court by filing a claim. The government must prove that your property is connected to criminal activity. With the right legal strategy, many people can recover their property.

Do I need a lawyer to challenge asset forfeiture?
Yes. Challenging asset forfeiture requires knowledge of Florida’s specific laws, court procedures, and deadlines. A lawyer can help you gather the necessary evidence, file your claim on time, and represent you in court.

What if I didn’t know my property was being used in criminal activity?
If you are an innocent owner and didn’t know about the criminal activity, you can assert this defense in court. You may be able to get your property back if you can prove your lack of knowledge or control over the property.

What kinds of property can be seized?
Under Florida law, nearly any property can be seized, including cash, vehicles, real estate, jewelry, and electronic devices if they are believed to be tied to criminal activity or the proceeds of crime.

How long does a civil asset forfeiture case take in Florida?
The timeline varies, but once your claim is filed, the process could take several months. It’s important to work with a lawyer who can act quickly to protect your rights and ensure the best possible outcome.