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Asset forfeiture can crush you financially. The government can take your home, car, or cash based on suspicion. You don't even need a criminal conviction to lose your property. This harsh reality leaves many Coral Gables residents feeling helpless.
At Florida Divorce & Criminal Defense Lawyer, we understand your stress. We fight for our clients' freedom and the future of their families by protecting their property rights.
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The federal government has massive resources to build a case against you. Law enforcement officers often go too far when they seize property. You need someone who knows how to fight back.
We stand as your shield against government overreach in asset forfeiture cases. Our law firm has helped many clients get their seized assets back. When police or federal agents take your property, we jump into action. We know the local courts well. We don't just represent you—we fight for you to protect what's yours.
Asset forfeiture lets the government take your property when they think it's linked to crime. In Florida, this happens in two ways: through civil courts or as part of criminal cases. The scary part? You can lose your property even without being charged with a crime.
The seizure can happen without warning. One day, you have your car or cash—the next day, it's gone. This creates both money problems and stress for your family. Quick legal action is key because waiting can mean losing your property forever, even if you've done nothing wrong.
Criminal forfeiture requires a criminal conviction before the government can keep your property. Prosecutors must prove your guilt beyond a reasonable doubt. Your assets stay in limbo until your case ends.
Civil forfeiture is very different and more risky. The government files the case against your property—not you. They can take it without charging you with any crime. The burden of proof is much lower. You must prove that your property was not involved in criminal activity. This flipped burden makes having an experienced attorney vital when facing civil forfeiture proceedings.
Federal law gives agencies broad power to seize and keep property linked to illegal activity. These rules often let them bypass state protections that might help you keep your assets.
When federal agencies like the DEA or FBI handle your case, the rules change. They can share seized assets with local police, creating strong reasons for aggressive seizures. This partnership makes it crucial to have a lawyer who knows how to challenge seizures under federal law. Without proper legal help, your chances of recovering property drop greatly.
Our law office has a proven track record of defending clients against many types of asset seizure. When a police officer seizes your property, you need experienced representation as a defendant facing criminal charges. We handle cases involving cash, vehicles, real estate, and other property claimed to be the proceeds of crime. From simple cases where the property owner just needs basic help to complex ones tied to RICO violations, we provide a robust defense to protect your rights.
Drug crimes often trigger aggressive asset seizures. Police commonly seize vehicles, cash, and homes they claim are connected to drug trafficking. These seizures happen during traffic stops, raids, or larger investigations.
We fight back by challenging the link between your property and alleged drug activity. Our team finds gaps in the evidence and shows legitimate sources for your assets. If you're facing seizure linked to drug crimes, we build a strong defense for both the criminal charges and your property.
Money laundering investigations can freeze all your financial resources based on mere suspicion. This leaves you unable to pay bills or run your business while fighting to prove your money came from legal sources.
We trace the history of your funds and gather proof of legitimate income. Our team works with experts to show clean sources for your assets. We push back against broad seizures that grab unrelated property. This helps you regain access to funds while still fighting your case.
When the government targets your business, it can seize inventory, equipment, and accounts. This sudden loss can shut down operations overnight, destroying your livelihood.
We move quickly to separate your legitimate business from any alleged criminal activity. Our team files emergency motions to release essential assets. We show how seizure harms innocent third parties, such as employees and customers. These steps help limit government overreach in business-related cases.
We start by examining every detail of the seizure to find mistakes or rights violations. Then, we build custom defense plans based on your specific circumstances. Our goal is to get your property back while protecting your freedom after an arrest.
We use several strategies to challenge civil forfeiture. First, we may file as an innocent owner, showing you did not know of any illegal use. Second, we question whether there was probable cause for the seizure.
Third, we look for procedural mistakes in how they handled your property. These technical violations can lead to the return of your assets. Fourth, when a full return isn't possible, we negotiate partial returns. Our approach focuses on practical solutions that work.
Federal agencies often push beyond their authority when seizing property tied to a federal crime. We stand up to these powerful agencies by questioning their evidence. Our experience helps us spot weaknesses in government cases that other attorneys might miss.
Understanding asset forfeiture proceedings helps you take the right steps to protect your property. The process starts when law enforcement seizes your assets. You then receive a notice and a deadline to contest it. Missing this deadline often means automatic forfeiture, which is why calling a lawyer immediately is vital.
The clock starts when your property is seized. Within days, you should get written notice explaining why. You typically have only 30-60 days to file a claim—a deadline that passes quickly.
After filing your claim, the court sets hearing dates. This phase can last months as both sides gather evidence. The entire process often takes 6 to 12 months. During this time, we work to secure the early return of your property or build a strong case for court.
You have important rights even when property is seized. You have the right to proper notice and to file a claim. You can demand a hearing where the government must justify the seizure. You can present evidence showing your property's legitimate origins.
You also have the right to question the prosecution's evidence and appeal court decisions. Most importantly, you have the right to legal help. With knowledge of these rights and due process protections, you can fight back against unfair seizures of property seized from you.
Sometimes, we can file for the release of property needed for basic living expenses. Success depends on showing hardship and proving the property isn't tied to criminal activity.
You lose your right to challenge the forfeiture. Your property becomes government property by default. This is why quick action is essential for the best outcome.
Not if we can prove you are an "innocent owner." We would need to show you did not know the ill-gotten gains or illegal use of your property.
Time is critical in this complex area of law. Contact Florida Divorce & Criminal Defense Lawyer today for a free consultation. We serve clients in Coral Gables, Fort Lauderdale, and nearby areas. Call us now to start fighting for your property rights. Even if you're convicted, we can still work toward the best possible outcome. We fight for our clients' freedom and their families' futures—and we're ready to fight for you, too.
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