Civil asset forfeiture is one of the most controversial aspects of forfeiture law because it allows law enforcement to seize property without filing criminal charges against the owner. Instead, the property itself is treated as the “defendant,” and the government claims it was involved in criminal activity.
Seizure Without Charges: Civil forfeiture does not require a criminal charge or conviction, meaning your property can be taken based solely on suspicion. For example, under the Florida Contraband Forfeiture Act (Sections 932.701-932.706, F.S.), law enforcement can seize cash or property if they believe it was used in or acquired through illegal activity, such as drug trafficking or money laundering.
Lower Burden of Proof: Unlike criminal cases, the government’s burden of proof in federal civil forfeiture cases is much lower. While criminal cases require proof “beyond a reasonable doubt,” federal civil forfeiture requires only proof by a “preponderance of the evidence.” On the other hand, Florida state forfeiture cases still require the criminal standard of proof of “beyond a reasonable doubt” to complete a forfeiture.
Strict Deadlines: Property owners have a limited amount of time to respond. Under Florida Statute 932.703(2)(c), you must request an adversarial preliminary hearing within 15 calendar days of receiving a notice of seizure. Missing this deadline can result in the permanent loss of your property.
Challenging the Evidence: We analyze the government’s claim to determine whether they have met the burden of “beyond a reasonable doubt." If their case is weak or unsupported, we aggressively challenge it in court.
Exposing Procedural Violations: Law enforcement must comply with specific deadlines and procedures. For example, under Florida Statute 932.703(2)(a), the government must apply for a probable cause order within 10 business days of the seizure. If they fail to do so, we will demand the immediate return of your property.
Proving Innocence: If you qualify as an “innocent owner,” we gather evidence to demonstrate that you were unaware of the alleged illegal activity involving your property, as outlined in Section 932.703(7)(a), Florida Statutes.
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