Miami asset forfeiture is the permanent divestiture and seizure of the asset by either state or federal law enforcement agencies. Asset forfeiture is typically tied to criminal enterprises where the government contends that such property was derived from the proceeds of a crime or was used in the furtherance of criminal activity. At AlTawil Law Group, we appreciate the complexity of asset forfeiture cases and remain dedicated to preserving your rights and your property.
What is asset forfeiture?
Asset forfeiture is a type of lawful procedure that is being executed by the government wherein personal property, including homes, vehicles, cash, or any other assets, is taken by the government because it has been duly established that such properties are connected with criminal activities. The forfeiture typically occurs in both state and federal levels and is generally done to individuals who do not obtain conviction at all. Asset forfeiture could occur around two ways, to wit:
- Civil Asset Forfeiture: Property is seized when criminal charges need not be brought against the property owner. All that the government must prove is that the property is derived from ill-gotten gains.
- Criminal Asset Forfeiture: There needs to be a conviction of the crime. After conviction, the property utilized in carrying out or deriving from the illegal activity is taken away.
State and Federal Asset Forfeiture Laws
The laws on asset forfeiture can vary between state and federal levels. Florida’s Contraband Forfeiture Act allows for law enforcement agencies to seize property linked to an individual for suspected criminal activities that range from drug-related crimes to fraud and money laundering. On the federal scale, federal forfeiture laws are equally as stringent, granting the FBI and DEA the same power in asset seizures regarding much larger investigations. According to these laws, the government may retain or sell seized property, even if an owner is not convicted of a crime.
Types of Asset Forfeitures
The type of property that can be subject to forfeiture is limitless and may include, but is not limited to:
- Contraband: Contraband includes items such as illegal narcotics, smuggled items, or stolen property.
- Profits from Illegal Activity: Property believed to be used in conducting an illegal activity, such as real estate, vehicles, or any other asset that derived money through a criminal activity.
- Instrumentality of a Crime: Items of property that were allegedly utilized in the commission of a crime, such as a vehicle utilized to distribute drugs.
Defense against Asset Forfeiture
The moment that your property has been seized, this is something that requires your immediate attention, and you will need to consult with a lawyer. Here at AlTawil Law Group, our asset forfeiture attorneys in Miami have handled several cases on both the state and federal levels. We are going to investigate your case comprehensively and do everything in our power to determine the situation surrounding why your property was seized and work hard to protect your property-be it filing a notice of claim, petitioning for remission, or litigating your case.
Asset Forfeiture Legal Process in Florida
The asset forfeiture process typically initiates in Florida through an administrative action by the agency that concluded the seizure of the property. At this stage, the following may occur:
- Notice of Seizure: Law enforcement sends notice in writing of intent to forfeit the property.
- Filing a Claim: Your lawyer may file a claim or petition contesting the forfeiture and seeking return of your property.
- Settlement: Sometimes this can be negotiated to return some or all of the property to the rightful owner.
- Litigation: If there is no settlement reached, then your attorney will take it to court and fight for your property rights.
Civil vs. Criminal Asset Forfeiture
The key to any defense is first to understand exactly what type of asset forfeiture is being brought against one’s case. Because civil forfeiture is in the absence of a criminal charge, it is thus much easier for the government to seize properties. Criminal forfeiture occurs upon conviction through beyond reasonable doubt by the government that the property has been used in the crime involved. Whatever the form of forfeiture, our lawyers are ready to aggressively contest the government’s case and assist you in recovering your property.
Why You Need an Asset Forfeiture Lawyer
Asset forfeiture defense is a highly technical legal process, with constantly changing state and federal laws. At AlTawil Law Group, we have very entrenched knowledge regarding the asset forfeiture process and are always prepared to help our clients with asset protection. From customized legal plans of attack all the way to aggressive representation, we know how to protect your rights every step of the way.
Contact AlTawil Law Group for Asset Forfeiture Defense
If the government has seized your assets, do not delay in seeking legal representation. At AlTawil Law Group, our asset forfeiture lawyers in Miami are ready to take up the fight for your property and guide you through the process. Call us now for a consultation and let us help you protect what’s rightfully yours.
We encourage you to contact us today so that you can speak with a Miami asset forfeiture attorney about your defense.
