What You Need to Know About Forfeiting Property Under Florida Statutes § 932.701–932.704
How Florida's Contraband Forfeiture Law Can Seize Your Property — And Why You Need a Private Attorney to Protect Your Rights
If you've had your car, money, or other property seized by law enforcement under the Florida Contraband Forfeiture Act (CFA), you're likely facing an overwhelming situation. Law enforcement agencies can seize property they claim is tied to illegal activities, even if you haven't been charged or convicted of a crime. This can include cash, vehicles, real estate, and other assets.
I'll now break down what the Florida Contraband Forfeiture Act is, how it works, and the defenses that might apply in your case. I'll also explain why you need a private criminal defense attorney to protect your rights and ensure that the property you've worked hard for doesn't get permanently taken from you.
What Is the Florida Contraband Forfeiture Act?
The Florida Contraband Forfeiture Act (CFA) is a law that allows Florida law enforcement to seize property if it's believed to be connected to illegal activity. This can happen even if the property owner is not charged with a crime. The law is governed by Florida Statutes § 932.701–932.704.
Here's the relevant text of the statute:
Florida Statutes § 932.701(2):
"Contraband includes property of any nature, including real property, money, goods, or any other tangible or intangible thing that is used in the commission of an offense, or is derived from the proceeds of a criminal activity."
Essentially, law enforcement can seize property they suspect is "used in" or "derived from" criminal conduct. For example, if someone is arrested for selling drugs and has large sums of money on them, that money can be seized as "contraband" even if the person isn't convicted of the drug crime.
The process can feel unfair because the law allows the seizure and forfeiture of property before a conviction. The burden of proof then shifts to the property owner to prove that the property is not tied to criminal activity, making it harder for people to get their things back.
The Forfeiture Process Under Florida Statutes § 932.701–932.704
Florida law lays out a clear process for how property forfeiture happens. Here's a step-by-step breakdown of what happens when property is seized:
- Seizure of Property – Law enforcement seizes property they believe is connected to a crime.
- Notice of Forfeiture – The owner of the property is given notice that their property is being forfeited. This notice must include the grounds for forfeiture.
- Filing a Petition – The owner can file a petition in court to challenge the forfeiture. This petition must be filed within 10 days of receiving the notice of forfeiture.
- Burden of Proof – Once the petition is filed, it's up to the government to prove by "clear and convincing evidence" that the property is indeed tied to criminal activity.
- Trial – If a trial is necessary, the court will decide whether the property should be returned to its owner or forfeited to the government.
While this process sounds straightforward, the reality is far more complex. That's because the government doesn't need to convict you of a crime to take your property. They only need to prove that there's a reasonable connection between your property and criminal activity. This is why you need a private attorney who knows how to fight these cases.
Real-Life Example: A Case I Won Involving the Florida Contraband Forfeiture Act
I recently handled a case where my client's car was seized by law enforcement under the Contraband Forfeiture Act. The car was stopped for a routine traffic violation, and when the officer searched the vehicle, they found drug paraphernalia and a small amount of marijuana in the trunk. Based on this, they seized the vehicle and filed for forfeiture.
My client was never arrested or charged with any drug crime, and the evidence wasn't enough to bring any serious charges. But under the Contraband Forfeiture Act, the car was still considered "contraband" because it was allegedly involved in the commission of a crime.
We filed a petition for the return of property, arguing that the car had been legally purchased and wasn't used for any criminal activity beyond the officer's search. The prosecutor didn't have enough evidence to prove that my client was involved in a criminal enterprise. The court ruled in our favor, and the car was returned.
This case shows why hiring an experienced attorney is crucial. Without a lawyer who understands how to navigate the forfeiture process, my client could have lost their car permanently. Instead, we fought back and won.
Possible Defenses Against Property Forfeiture
If your property is seized under the Florida Contraband Forfeiture Act, you don't have to just accept it. Here are some potential defenses that can apply:
- Lack of Evidence – The government has to prove by clear and convincing evidence that the property is tied to criminal activity. If they don't have solid proof, the forfeiture should be denied.
- Innocent Owner Defense – If you can show that you were unaware that your property was used in a crime, you may be able to get it back. For example, if your car was used by someone else without your knowledge, you may have a defense.
- Property Is Not Contraband – If the property seized doesn't fit the definition of "contraband," it can't be forfeited. For example, cash that's unrelated to criminal activity might not qualify.
- Excessive Forfeiture – Under the Eighth Amendment of the U.S. Constitution, you may argue that the seizure is "excessive" if the value of the property seized is disproportionate to the alleged offense.
- Lack of Notice – If law enforcement failed to give you proper notice of the forfeiture within the required time frame, your case could be dismissed.
Why You Need a Private Criminal Defense Lawyer in Forfeiture Cases
Property forfeiture cases are incredibly complex, and the state has a significant advantage. The burden is on you to prove that your property should not be forfeited. Without the right legal representation, you might lose your property even if you haven't been convicted of a crime.
Here's why you need an attorney:
- Time-Sensitive Action – You only have 10 days to file a petition after receiving a notice of forfeiture. Missing that window could cost you your property.
- Challenging the Evidence – A private attorney can help identify weaknesses in the state's case and challenge the evidence they use to justify the seizure.
- Negotiating on Your Behalf – A skilled attorney can negotiate with prosecutors to return your property before it even goes to trial.
- Strategic Defense – If the state does have a strong case, your lawyer can help craft a defense that maximizes your chances of recovering your property.
- Experience with Florida Forfeiture Law – As a Florida criminal defense attorney, I have years of experience handling forfeiture cases and know how to fight for the return of seized property. We'll look for every angle to protect your rights.
Final Thoughts
The Florida Contraband Forfeiture Act allows law enforcement to seize property based on suspicion, not proof of a crime. This can lead to wrongful seizures and financial hardship for innocent people. But with the right defense strategy, it's possible to challenge a forfeiture and get your property back.
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 Contraband Forfeiture Act
What is the Florida Contraband Forfeiture Act?
The Florida Contraband Forfeiture Act allows law enforcement to seize property believed to be used in or derived from criminal activity. Property that qualifies as "contraband" can be forfeited by the government without the owner being convicted of a crime.
How can I get my property back if it was seized under the Florida Contraband Forfeiture Act?
You can file a petition for the return of property within 10 days of receiving notice. You will need to prove that the property is not connected to illegal activity and may require an attorney to challenge the forfeiture.
What types of property can be seized under this law?
Property such as vehicles, money, real estate, and personal items can be seized if they are linked to criminal activity or deemed contraband.
Do I need a lawyer to fight a contraband forfeiture case?
Yes. The government has significant resources, and you must prove that the property is not linked to criminal activity. An experienced attorney can help challenge the evidence, negotiate, and protect your property rights.
How long does it take to get property back after it is seized?
The timeline varies depending on the case, but the initial petition must be filed within 10 days. After that, the legal process can take several months, especially if the case goes to trial.
What happens if I miss the 10-day deadline?
If you fail to file a petition within 10 days, you may lose the opportunity to challenge the forfeiture, and the property could be permanently forfeited.
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.