Facing Asset Forfeiture in Florida? Here’s What You Need to Know and Why You Need an Experienced Lawyer
Asset forfeiture laws in Florida give law enforcement the power to seize property suspected of being connected to criminal activity. While these laws are intended to dismantle criminal enterprises and prevent criminals from benefiting from illicit activities, they can be misused. Many people find themselves caught up in a system where their property—whether it’s cash, vehicles, or real estate—is seized without a clear path to recovery. It doesn’t matter whether you were arrested or charged with a crime. In many cases, your property may be taken without you being convicted of anything.
This is where an experienced Florida criminal asset forfeiture lawyer becomes essential. I’ve helped many clients fight the government’s attempts to seize their property. This article will explain the Florida asset forfeiture process, the relevant statutes, and how to defend your rights. I’ll also share a real-life example of a case where I successfully defended a client’s property, and why you should never face this challenge alone.
What Is Criminal Asset Forfeiture in Florida?
Under Florida Statutes § 932.701–932.704 (the Florida Contraband Forfeiture Act), law enforcement officers have the authority to seize property that they believe is involved in criminal activity, even without a conviction. This includes items such as:
- Cash or property obtained through illegal means (like drugs or stolen goods)
- Vehicles used to transport illegal substances
- Real estate connected to illegal activities
The law allows authorities to forfeit your property if they can show that it was involved in a crime—whether or not you were personally involved or convicted.
For example, if you were caught driving with drug-related items in your car, law enforcement may seize the vehicle under the assumption that it was used for drug trafficking. Even if the charges against you are dropped or you are found not guilty, you may still lose your property unless you take action.
Florida Statutes on Criminal Asset Forfeiture
Let’s take a look at the key statutes governing asset forfeiture in Florida. The most relevant laws include:
- Florida Statutes § 932.701:
- This statute outlines the legal framework for asset forfeiture, defining what constitutes “contraband” and the procedures for seizing property.
- “All property of any kind, including but not limited to money, negotiable instruments, securities, books, records, and research products... which is used or intended to be used in the commission of a crime, or proceeds derived from the sale or distribution of controlled substances... is deemed contraband and subject to forfeiture.” (Section 932.701(2))
- Florida Statutes § 932.703:
- This section details the procedures for the seizure of property. It includes the notice requirements for informing the owner that their property has been seized and the process to challenge the seizure.
- “Upon seizure of any property under this part, the seizing agency shall promptly file a petition for forfeiture... in the appropriate circuit court.” (Section 932.703(1))
- Florida Statutes § 932.704:
- This statute establishes the burden of proof for asset forfeiture cases. The government has to prove, by a preponderance of the evidence, that the property was used in criminal activity.
- “The state shall have the burden of proving by a preponderance of the evidence that the property is subject to forfeiture.” (Section 932.704)
These statutes give law enforcement broad powers to seize assets, but they also provide a process for you to challenge the forfeiture in court.
Common Defenses to Criminal Asset Forfeiture
The government must show that your property is linked to criminal activity, but it’s not always as straightforward as it sounds. As an experienced criminal defense lawyer, I’ve seen many cases where the government’s evidence is thin or flawed. Below are some common defenses I use to help clients fight asset forfeiture:
- Lack of Evidence:
- One of the most common defenses is that the government cannot prove that the property was used in criminal activity. If the police seized your car but there’s no evidence showing it was involved in drug trafficking, the seizure may not be justified.
- Ownership Disputes:
- You may be able to prove that you weren’t the owner of the property at the time it was seized, or that someone else had access to it without your knowledge. For instance, if your car was used by a friend in a drug deal without your consent, you can argue that the property should not be forfeited.
- No Criminal Conviction:
- Florida law allows the government to seize property related to criminal activity, but a conviction is not required. However, if there’s no conviction, it becomes harder for the government to justify keeping the seized property. In some cases, the lack of a conviction can be an important defense against asset forfeiture.
- Excessive Forfeiture:
- The Eighth Amendment of the U.S. Constitution prohibits excessive fines or cruel and unusual punishment. If the property seized is grossly disproportionate to the crime, you may have a constitutional argument for returning the property.
- Improper Seizure:
- If the property was seized without following the correct legal procedures, such as not obtaining a proper warrant or failing to give notice of the seizure, it can be challenged in court. Proper procedure is critical for a forfeiture case to be successful.
Why You Need an Attorney in Asset Forfeiture Cases
The process of challenging asset forfeiture in Florida can be complex and time-consuming. Without a skilled attorney, you might be at a significant disadvantage. Here’s why you need a private criminal defense lawyer:
- Complex Legal Procedures:
- Florida’s asset forfeiture laws involve numerous legal steps, timelines, and procedural rules that can be difficult for a non-lawyer to understand. A private attorney will help you understand these complexities and take the right steps at the right time.
- Gathering and Analyzing Evidence:
- Your lawyer will know how to gather the right evidence and challenge the government’s claims. This includes finding witnesses, obtaining documents, and cross-examining law enforcement officers involved in the seizure.
- Negotiation Power:
- Many asset forfeiture cases are settled outside of court. A lawyer can help you negotiate with the authorities to have your property returned, possibly without the need for a trial.
- Fighting for Your Property:
- Even if you don’t have a criminal conviction, you may still face steep legal fees, costs, and emotional strain from the asset forfeiture process. A skilled lawyer will fight to return your property, while ensuring your rights are protected.
Real-Life Example: A Successful Case
One case I handled involved a client whose car was seized after he was arrested for a minor drug charge. The police claimed that the car was used in a drug transaction, but my client maintained that he had never used the car for criminal activity. He had been pulled over for a routine traffic stop, and the police assumed he was involved in drugs due to his appearance.
I filed a motion to contest the seizure, arguing that there was no evidence linking the car to any illegal activity. After a thorough investigation, I uncovered witness testimony showing that the car had been parked at a local business and was not involved in the drug deal the police claimed. The case was dismissed, and the car was returned to my client.
This is just one example of how a criminal defense attorney can make a difference in an asset forfeiture case. By challenging the evidence and fighting for justice, I was able to protect my client’s property.
If your property has been seized in Florida, don’t wait. Asset forfeiture can leave you with long-lasting consequences, even if you weren’t convicted of a crime.
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with criminal offenses, including asset forfeiture. 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.
Florida Criminal Asset Forfeiture Frequently Asked Questions (FAQs)
What is asset forfeiture?
Asset forfeiture allows the government to seize property that is believed to be connected to illegal activity. The government can seize cash, vehicles, real estate, and other items used in or gained from criminal activity. It does not require a criminal conviction to proceed.
Can the government take my property without charging me with a crime?
Yes. In Florida, the government can seize property without charging you with a crime. However, you still have the right to contest the forfeiture through legal procedures.
How can I get my seized property back?
To recover your property, you must file a claim with the court. A skilled lawyer can help you with this process, gather evidence, and present defenses to contest the forfeiture. The court will decide whether the property should be returned.
What defenses can I use to fight asset forfeiture?
Some common defenses include: lack of evidence linking your property to a crime, ownership disputes, no criminal conviction, and claims that the seizure was excessive or violated your constitutional rights.
What happens if I don’t contest the forfeiture?
If you don’t contest the forfeiture, the government can take ownership of your property. It’s essential to act quickly and seek legal help to prevent permanent loss of your assets.
Can a private lawyer help with my asset forfeiture case?
Yes. An experienced attorney can help you understand your legal options, gather evidence, and defend your rights in court. A lawyer will ensure that you follow the correct procedures and fight for the return of your property.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
If your property has been seized in Florida, don’t wait. Asset forfeiture can leave you with long-lasting consequences, even if you weren’t convicted of a crime. Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with criminal offenses, including asset forfeiture. 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.