Florida Civil Asset Forfeiture?

Attorney Aaron O’Brien represents people whose money, cars, boats, and other property have been seized by law enforcement under Florida’s civil asset forfeiture laws. 

Did the Police Take Your Money, Car, or Other Property?

You might be surprised to know that the government can take your property, even if you are not convicted of a crime or even accused of a crime, under the Florida Contraband Forfeiture Act.

For instance, suppose you allow your 19-year-old son to enjoy a day on the water on your boat and one of his buddies is accused of selling marijuana aboard. Law enforcement may seize your boat and attempt to forfeit it.

You’ll then be embroiled in litigation trying to get it back.

Florida law provides that an owner’s interest may be forfeited if “the owner either knew, or should have known after a reasonable inquiry, that the property was being employed or was likely to be employed in criminal activity.”

What if Junior’s buddy had previously been arrested for selling marijuana? Should you have known?

Plus, if you carry cash, look out. The government loves to seize cash.

The fact that you possessed cash does not, by itself, make the money illegal.  The source of the money, the circumstances surrounding the seizure, what was found—or not found—during the investigation, statements made to law enforcement, and the connection, if any, between the property and alleged criminal activity can all become important.

But, this doesn’t mean law enforcement automatically gets to keep your property.

Florida law provides property owners with important rights and imposes requirements upon the law enforcement agency attempting to keep the seized property.

But there are deadlines, and they matter.

After property is seized, the owner can demand an adversarial preliminary hearing to challenge whether law enforcement had sufficient legal grounds for the seizure.  The deadline to request that hearing is short.  Waiting to see what happens can mean giving up an important opportunity to challenge the seizure early in the process.

If the agency proceeds with forfeiture, it must pursue a civil forfeiture action in court.  You have the right to contest that action and require the agency to prove that the property is legally subject to forfeiture.  In forfeiture cases, the seizing agency bears the burden of proof beyond a reasonable doubt that the asset is subject to forfeiture.

Unfortunately, when it comes to civil asset forfeiture, the Institute for Justice graded Florida a ‘D’

Aaron O’Brien represents property owners in Florida civil asset forfeiture proceedings.  

He can evaluate the legality of the seizure, determine whether to request an adversarial preliminary hearing, challenge the government’s evidence, conduct discover, negotiate for the return of the property, and litigate the forfeiture action in court.

If you received a “Notice of Seizure” or a Florida law enforcement agency has seized your cash, car, boat, or other property for forfeiture, contact Attorney Aaron O’Brien as soon as possible to discuss your rights and the steps available to seek its return.