Asset forfeiture is a legal process that allows law enforcement to take possession of property believed to be tied to criminal wrongdoing. However, there have been cases where innocent individuals have had their assets seized unfairly. Florida residents who are concerned their property may be targeted for forfeiture have legal options to try to prevent this. This article will examine Florida’s asset forfeiture laws and provide guidance on how those at risk can take proactive steps to shield their property.
Understanding Civil Asset Forfeiture Laws in Florida
Florida has both criminal and civil asset forfeiture laws. Criminal forfeiture occurs after a criminal conviction when the court orders property connected to the crime to be forfeited. Civil asset forfeiture does not require a criminal conviction and has a lower standard of proof.
With civil forfeiture, law enforcement only needs to demonstrate probable cause that the property is connected to criminal activity. The property owner does not need to be convicted or even charged with a crime for their assets to be seized through civil forfeiture.
Once property is seized, the burden falls on the owner to prove the assets are not connected to criminal activity. This can be extremely difficult to do. Florida law enforcement agencies get to keep much of the proceeds from civil asset forfeitures, so there is a financial incentive to pursue seizures.
Reduce Risk By Avoiding Questionable Transactions
The best way to protect your assets from civil forfeiture is to avoid engaging in transactions that could be perceived as connected to criminal activity. Even if you are not intentionally doing anything illegal, the appearance of suspicious financial activity could put your assets at risk.
Avoid large cash transactions when possible. Cash is difficult to trace and more likely to raise red flags with law enforcement. Use checks, credit cards, or wire transfers for large purchases and payments to clearly document the money trail.
Be cautious when loaning money or property. Verbally loaning your car or cash to a friend may seem harmless, but there is no documentation proving the purpose of the transaction. If the assets are then used illegally by the friend, they could be seized. Put all loans in writing with signed agreements.
Thoroughly vet people and businesses before transactions. If you sell property, invest money, or engage in joint ventures, research who you are dealing with to avoid facilitating money laundering or financial crimes.
Separate Legal and Questionable Assets
If you have legitimate assets but also conduct occasional transactions in cash or with questionable parties, keep those activities strictly separated.
Use different bank accounts for different purposes. Have one account for normal documented income and expenses. Use a separate account for any cash deposits or transactions you would rather keep private. This way, if questions arise about certain banking activities, your primary assets are insulated.
Likewise, purchase major assets like real estate with traceable financing from your documented income sources. If you must comingle funds from multiple sources, speak to an attorney first to make sure it is handled in a way that minimizes seizure risk.
Understand Ownership Structures
How you structure ownership of assets also impacts forfeiture risk. Joint ownership or shared ownership of assets leads to the possibility of innocent co-owners losing property due to the actions of one guilty owner.
For real estate, ask an attorney about partitioning or dividing title in a way that separates your portion of the asset. For bank accounts or cash, always keep funds for personal use strictly in accounts under your individual ownership.
Complex entities like businesses, trusts, and investment accounts also require analysis to understand what assets would be vulnerable if any co-owners or participants engaged in criminal activity. Consult with legal counsel to review how to structure ownership to limit forfeiture exposure.
Request a Hearing to Challenge Seizure
If your assets are seized through civil forfeiture, you have legal rights to challenge the seizure. Under Florida law, you can request an adversarial preliminary hearing within 10 days after receiving notice that property was seized.
At the hearing, you can argue there is no probable cause to believe the assets are connected to illegal activity. If you convince the judge, the assets may be immediately returned without further proceedings. This hearing provides an opportunity to quickly recover your property before forfeiture proceedings advance.
File a Claim to Initiate Forfeiture Court Case
To recover seized property, you must affirmatively file a claim and initiate a civil court case against the seizing law enforcement agency. This step is required – the agency will not automatically file a case for you.
If you fail to file a claim, the agency gets to keep the property by default after a set time period. Filing a claim forces the agency to prove the assets are subject to forfeiture in a civil trial. This provides you the opportunity to argue your case before a judge.
An experienced attorney can assist in filing a compelling claim and navigating the forfeiture case process. Legal representation is key as these cases tend to highly favor law enforcement.
Promptly Seek Legal Assistance if Assets Are Seized
The deck is often stacked against property owners in asset forfeiture battles with law enforcement. To level the playing field, obtain legal help from an attorney experienced in forfeiture cases right away if your property is seized.
An attorney can advise you on the proper steps to challenge the seizure, build a strong case for getting assets returned, and represent your interests in court. This greatly improves your chances of reclaiming your property.
Don’t wait and potentially miss your opportunity. Many forfeiture cases are lost early when property owners fail to promptly file claims or request hearings. Get experienced legal help fighting on your side as early in the process as possible.
Contact Us for a Free Consultation
If you are at risk of losing property through asset forfeiture, or are seeking to get seized assets returned, contact us for a free initial consultation. Our attorneys have successfully fought civil asset forfeiture cases across Florida. We can provide expert guidance tailored to your unique situation.
Visit our office at 422 Jacksonville Dr. Suite B, Jacksonville Beach, FL 32250.
Or call us today for a free consultation on (904) 587-4446.
