In Florida, asset seizure and forfeiture are legal processes used to combat criminal activities by taking away property believed to be connected to illegal activities. However, the law also includes major protections for property owners to help ensure that innocent people are not unfairly deprived of their property.
Melbourne Attorney for Asset Seizure and Forfeiture
When the government tells you that your assets are being seized, it can be difficult not to panic. However, an experienced criminal defense attorney can often help you keep or recover your belongings after seizure by the government.
If your assets have been seized or taken by local, state, or federal government in Central Florida, you need to contact the experienced defense attorney Mark Germain at Germain Legal.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
- Specific Offenses
- The Process of Seizing Property in Florida
- Forfeiture Proceedings and Legal Burden
- Disposition of Forfeited Property
- Protections for Property Owners in Florida
- Can an Asset Seizure Lawyer Help Me?
- Additional Resources
- Hire a Lawyer for Asset Seizure in Brevard County FL
Specific Offenses
Airport Cash Seizures – 21 U.S.C. 881
When traveling through airports in the United States, law enforcement agencies such as the DEA, CBP, ICE, or HSI can seize large amounts of cash if they suspect it’s linked to illegal activities like drug trafficking or money laundering. There is no limit to the amount of money a person can legally carry, but if an agency believes the money is tied to illegal activity, they may take it without a warrant under certain conditions. Travelers have the right to challenge the seizure, but the process can be complex, requiring legal action within specific deadlines to reclaim the funds.
Bulk Cash Smuggling | Traveling With $10,000 Cash – 31 U.S. Code Section 5332
This law makes it a crime to intentionally hide more than $10,000 in cash or other forms of money to avoid reporting it when moving it into or out of the United States. If someone hides the money on their body, in their clothes, luggage, or any other container and tries to take it across U.S. borders, they can face up to 5 years in prison. Additionally, any property related to the offense can be taken by the government. If the property cannot be found, the court may order the offender to pay the equivalent amount.
Interstate and Foreign Travel in Aid of Racketeering | Travel Act Violation – 18 U.S. Code Section 1952
This law makes it illegal for anyone to travel between states or countries or use the mail or any other means of interstate commerce with the intent to distribute proceeds from illegal activities, commit violent crimes to further illegal activities, or help manage or promote illegal activities. If convicted, a person could face up to 5 years in prison for distributing proceeds or promoting illegal activities, and up to 20 years for committing violent crimes, with a potential life sentence if a death occurs. The law covers activities like gambling, drug trafficking, extortion, bribery, arson, and certain financial crimes.
Unreported Currency – 31 U.S. Code Section 5316
This law requires individuals or their representatives to report to the government when they transport more than $10,000 in cash or similar forms of money in or out of the United States. This includes anyone who receives such amounts from outside the country. The report must include details like the amount, origin, and destination of the money.
IRS Forfeiture
IRS forfeiture involves the legal process where the IRS seizes property connected to tax violations. This action can occur when assets are used to avoid paying taxes or to defraud the government. The IRS has the power to take personal property, such as cash, vehicles, or equipment, if it is directly linked to a tax violation. However, they cannot seize property that was purchased with proceeds from the violation. The process involves either administrative or civil judicial methods, and the IRS must follow specific guidelines before and after seizing assets.
Seizure of Real Estate – Florida Statutes Section 932.703
When law enforcement believes a piece of real estate has been used for illegal activities, they can seek to take control of it. Before seizing the property, authorities must notify the owner and hold a hearing to decide if there is enough reason to believe the property was involved in a crime. If the court agrees, they may order the property to be taken to prevent it from being sold, damaged, or used for illegal purposes while the legal case is resolved.
Seizure of Vehicle – Florida Statutes Section 932.703
A vehicle may be taken by law enforcement if it is involved in a crime under the Florida Contraband Forfeiture Act. The vehicle can only be seized if the owner is arrested for the crime or if other specific conditions are met, such as the owner being a fugitive or deceased. After the vehicle is seized, law enforcement must seek a court’s approval within 10 days to confirm there is a valid reason for the seizure. If the court agrees, the vehicle can be held until the legal process determines who owns it.
Florida Contraband Forfeiture Act
The Florida Contraband Forfeiture Act, found in Florida Statutes Sections 932.701 to 932.7062, is the primary law that outlines how property connected to criminal activities can be seized and forfeited. This law covers a range of property, including money, vehicles, houses, and other personal items, if they are used in a crime or acquired through illegal means.
The purpose of this law is twofold. First, it aims to deter crime by taking away the tools and profits of illegal activities. Second, it allows law enforcement to use the proceeds from forfeited property to fund their operations, such as buying new equipment or supporting crime prevention programs. However, the law is also designed to help ensure fairness. It requires law enforcement agencies to follow specific legal procedures and protects the rights of innocent property owners who may be caught up in a seizure.
The Process of Seizing Property in Florida
Starting the Seizure: Property can be seized at the time a crime is committed or afterward. When property is seized, the law enforcement agency must notify the property owner or anyone else with a legal interest in the property about their right to request a hearing to challenge the seizure.
Probable Cause Determination: Within 10 business days of seizing the property, the law enforcement agency must ask a court to decide whether there was probable cause to believe that the property was used in a crime. The agency must provide the court with a sworn statement explaining why the property was seized. The court will then review this information to determine if the seizure was justified.
Adversarial Preliminary Hearing: If the property owner requests a hearing, it must be held within 10 days of the request. During this hearing, the court will review the evidence to decide if there is enough reason to believe the property is connected to a crime. If the court finds probable cause, the property will remain seized until the forfeiture process is completed.
Notification Requirements: The law enforcement agency must make a serious effort to notify anyone with a legal interest in the seized property, including sending notices by certified mail and publishing the seizure in a local newspaper.
Forfeiture Proceedings and Legal Burden
Filing the Complaint: The law enforcement agency must file a formal complaint in the circuit court where the seizure took place. This complaint should include a description of the property, the reasons for its seizure, and a sworn statement supporting the case for forfeiture.
Burden of Proof: In these proceedings, the state has the responsibility to prove that the property was used in or obtained through criminal activities. They must do this by a preponderance of the evidence, meaning they must show that it is more likely than not that the property is connected to a crime.
Owner’s Defense: Property owners can challenge the forfeiture by filing a response within 20 days of receiving the complaint. Common defenses include claiming that the owner had no knowledge of the illegal use of their property or that the connection between the property and the crime was accidental.
Disposition of Forfeited Property
Retain for Use: According to Florida Statutes Section 932.7055, police can keep the property for its own use. For example, they might keep vehicles, computers, or other equipment for law enforcement purposes.
Sell at Auction: The agency can sell the property at a public auction, with the proceeds going to fund law enforcement activities such as crime prevention programs or purchasing new equipment.
Donate or Transfer: The property can be donated or transferred to another public or nonprofit organization if it is not needed by the law enforcement agency.
Destroy Illegal Items: If the property includes illegal items, such as recordings made without consent, those items must be destroyed once they are no longer needed for evidence.
Protections for Property Owners in Florida
Right to a Hearing: Property owners have the right to request an adversarial preliminary hearing to challenge the seizure of their property. This hearing must be held within 10 days of the request, allowing the owner to present evidence and argue against the seizure.
Burden on the State: The state must prove that the property is connected to criminal activities by a preponderance of the evidence. This means the state must provide enough evidence to show that it is more likely than not that the property was involved in a crime.
Innocent Owner Defense: Property owners can defend against forfeiture by proving that they did not know their property was being used for illegal activities. For instance, if a car is seized because someone else used it to commit a crime without the owner’s knowledge, the owner can argue that they are innocent and should not lose their property.
Attorney’s Fees: If the property owner wins the case, they may be entitled to have their legal fees and costs paid by the law enforcement agency. This helps ensure that property owners can afford to defend their rights in court.
Can an Asset Seizure Lawyer Help Me?
An asset seizure lawyer plays a critical role in protecting your rights when your property is confiscated by law enforcement. If your assets are seized under suspicion of being linked to illegal activity, an asset seizure attorney helps you throughout the entire legal process. They will advocate for you by challenging the seizure, ensuring that law enforcement followed proper legal procedures, and working to prove that your property is not tied to any criminal activity. With strict deadlines and many legal issues involved, having an experienced lawyer in your corner can make all the difference in reclaiming your assets.
Additional Resources
Florida Statutes Section 932.703 – This law outlines the rules for the seizure and forfeiture of property connected to illegal activities in Florida. It specifies the circumstances under which property can be seized, such as when the owner is arrested or cannot be identified. The law also covers the legal process that follows a seizure, including court involvement and the return or forfeiture of the property.
Forfeiture.gov – Forfeiture.gov is the official site for public notices regarding property forfeiture by federal agencies. Managed by the Department of Justice, the site provides information on how to file claims or petitions to recover seized property. Notices on the site replace traditional newspaper announcements and include assets seized by agencies like the FBI and DEA. The site also offers downloadable forms and guidance for those seeking to challenge a forfeiture.
Civil Asset Forfeiture in Florida: Policies and Practices – This report by the Florida Legislature’s OPPAGA reviews the use of civil asset forfeiture by local law enforcement agencies in Florida. It discusses the frequency of seizures, the types of property typically seized, and how forfeited assets are used. The report also highlights the lack of mandatory reporting for state-level seizures and suggests potential reforms to improve transparency and protect property owners.
Hire a Lawyer for Asset Seizure in Brevard County FL
If your assets have been seized or taken by local, state, or federal government in Central Florida, you need to contact the experienced defense attorney Mark Germain at Germain Legal.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
