Civil asset forfeiture is a legal process in which law enforcement can take possession of property they believe was involved in an illegal activity, even if the owner of the assets has not been charged with a crime. Assets that may be seized often include cash, cars, real estate, and other valuables.
While asset forfeiture can be an important tool for law enforcement to disrupt criminal organizations and remove the proceeds of criminal activity, it can also be a controversial practice that raises concerns about due process and property rights. With over 30 years working as a criminal defense attorney, Criminal Defense Attorney Brian Gabriel understands how civil asset forfeiture works in Florida and how to protect your rights.
What Is Civil Asset Forfeiture?
If you are facing criminal charges in Florida, you may be at risk of having your assets seized through a process called civil asset forfeiture. This process is governed by Chapter 932 of the Florida Statutes, which outlines the procedures law enforcement must follow when seizing property.
To lawfully seize an individual’s property, Florida law enforcement must have probable cause to believe the property was involved in criminal activity. This can include:
- Property that was used to commit a crime,
- Property that was purchased with the proceeds of a crime, or
- Property that was intended to be used to commit a crime.
Civil asset forfeiture is a controversial practice that has been criticized for violating due process and property rights. Critics argue that the process is often abused by law enforcement, who can seize property without sufficient evidence and make it difficult for property owners to contest the forfeiture.
How Does Civil Asset Forfeiture Work in Florida?
In Florida, civil asset forfeiture can be initiated by any law enforcement agency that has the authority to enforce state law. This includes state and local police departments, as well as federal agencies like the FBI and DEA, that work in conjunction with state law enforcement.
When law enforcement seizes property, they must file a complaint for forfeiture with the court within 45 days. The complaint must include the following:
- A detailed description of the property,
- The grounds for forfeiture, and
- Any facts or evidence that support the seizure.
Once the complaint is filed, the property owner has the right to contest the forfeiture by filing a claim within 20 days. If the property owner does not contest the forfeiture, or if the court finds that the property was involved in criminal activity, the property will be forfeited to the state. Conversely, if the property owner does contest the forfeiture, the case will go to trial, and the court will decide whether the property should be forfeited.
Safeguard Your Assets from Forfeiture with a Florida Criminal Defense Attorney
Whether you need assistance in challenging the seizure of property, filing claims to contest a forfeiture, or protecting your legal rights as a whole, Criminal Defense Attorney Brian Gabriel can help. With over 30 years of experience, Mr. Gabriel will handle your case using all the knowledge and skill developed over the span of his career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.