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Asset forfeiture in Miami can be scary for property owners. One day, you own your home, car, or cash. The next day, it's gone. Law enforcement officers can seize your personal property without criminal charges. This happens based on mere suspicion.
At Florida Divorce & Criminal Defense Lawyer, we understand your stress when facing asset seizure. We advocate for our clients' liberty and the well-being of their families. If you're dealing with asset forfeiture, we can help get your property back.
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Our team has years of experience fighting against state and federal asset forfeiture cases. We've seen how these seizures turn lives upside down. They often target innocent owners who did nothing wrong. The legal system favors the government, but we level the playing field.
Our passion drives us to fight these injustices. Many Miami residents lose their property because they don't know their rights. They don't know how to defend against powerful government agencies. We stand between you and the system that is trying to take what is rightfully yours.
Asset forfeiture happens when law enforcement takes your property. They claim it's connected to illegal activity. In Florida, this happens more than you might think. In 2022, Florida law enforcement agencies seized over $47 million in assets. Many of these people never faced criminal charges.
The problem is that Florida makes it easy for police to take your stuff, and the Florida Rules make it hard for you to get it back. Law enforcement sees asset forfeiture as a funding source, creating a dangerous incentive to seize first and ask questions later. Regular people lose access to their cars, cash, or homes with little warning.
Civil judicial forfeiture and criminal forfeiture follow different legal paths. In civil asset forfeiture, the government files a case against your property. Not against you. They can take your belongings even without criminal charges. You, the property owner, must prove your innocence.
Each type of asset forfeiture has unique procedures and standards:
Our clients usually face civil forfeiture actions because agencies prefer this path. It's easier for them to win and keep your property than to pursue criminal conviction first.
Law enforcement commonly seizes cash, motor vehicles, boats, and real estate. They also take business assets. If you carry a few hundred dollars, officers might question where it came from. They can take it on the spot. Your car might be seized if they claim it transported drugs. This can happen even if someone else drives without your knowledge.
We've seen homes seized because a resident was suspected of selling marijuana. Bank accounts get frozen due to supposed connections to mortgage fraud or Medicare fraud. This leaves families unable to pay bills. Property seized creates immediate hardships before any wrongdoing is proven.
Miami follows both Florida state laws and federal laws on asset forfeiture. The Florida Contraband Forfeiture Act creates the framework for local police. After a property seizure, you have limited time to respond. Often, it takes just 15 days to request a hearing. If you miss this deadline, you could lose your property through uncontested forfeiture.
The legal process seems designed to confuse property owners. Forms must be filed correctly. Deadlines must be strictly observed. Legal arguments must be properly framed. Many give up because the process feels too complicated. Quick action with proper legal counsel makes all the difference.
The Florida Contraband Forfeiture Act lets law enforcement seize property. They claim it was used in criminal acts or bought with money obtained from illegal activity. The law includes some protections for innocent owners. These safeguards often don't work as intended. The government only needs "probable cause" to seize your property.
After the seizure, you have 15 days to request an adversarial preliminary hearing. If you miss this deadline, recovery becomes harder. At this hearing, a circuit court judge in the civil division reviews the seizure. Even with a timely request, you face a complex process that can take months. The system expects you to give up. We expect you to fight back.
Federal law enforcement authorities follow different rules than state agencies. Federal asset forfeiture offers fewer protections for property owners. However, it allows "equitable sharing, " which permits local police to partner with federal agencies to bypass stricter state laws.
The federal government uses a lower standard of proof. Federal civil forfeiture uses "preponderance of evidence." Florida requires "clear and convincing evidence," which is stricter. Agencies sometimes choose the system, giving them the best chance to keep your property. You need a criminal defense attorney who understands both systems.
The government agency tries to link your property to criminal activity. Often using weak connections. They might claim your cash must be from drug trafficking cases because it was near marijuana. Or that your house should be forfeited because someone sold drugs from your driveway without your knowledge.
The "innocent owner defense" lets you fight back. You must prove you didn't know about any illegal use of your property. For example, if someone borrows your car for a crime without your knowledge, you shouldn't lose it. But you must prove your innocence. This reversed standard makes asset forfeiture cases especially challenging.
If law enforcement seizes your property, stay calm but firm. Ask for a detailed receipt for everything taken. Request the specific legal basis for the seizure. Don't answer questions about the property without a lawyer. Your answers could hurt you later.
Document everything about the seizure. Note the officers' names and badge numbers. Record the exact times and what was said. If possible, take photos. This documentation can be crucial when challenging the government's claims later.
Call a Miami asset forfeiture attorney right after a seizure. Quick legal help can prevent a long battle. A lawyer knows how to file emergency motions and challenge the seizure before it's too late.
The asset recovery process often takes several months. Complex cases can stretch for years. Success rates vary based on your legal representation, specific circumstances, and how quickly you act after the seizure.
Professional legal representation greatly increases recovery chances. Unrepresented individuals recover seized assets less than 20% of the time. Those with skilled legal counsel see success rates above 70%. Our team has helped clients recover millions in seized assets. Fighting back works with the right legal support.
Effective strategies start with challenging the seizure's probable cause. We examine whether law enforcement followed proper criminal procedure and whether they had sufficient grounds for taking your property. Government agency mistakes often provide openings for experienced attorneys.
We pursue innocent owner defenses. We challenge the link between your property and alleged criminal acts like RICO violations. Different situations need different approaches. Real estate seizures require different strategies than cash or vehicle recoveries. Our experience means we tailor our approach to your specific case.
In Florida civil forfeiture cases, the government must prove by "clear and convincing evidence" that your property is connected to a crime. This standard is between "preponderance of evidence" and "beyond reasonable doubt."
A skilled asset forfeiture attorney can find weaknesses in the government's evidence. Perhaps they can't prove the money came from illegal sources. Maybe they lack evidence connecting your property to criminal activity. The burden should rest with the government to prove wrongdoing. We force agencies to meet their legal obligations instead of keeping your property without justification.
When you work with our firm, we start by conducting a thorough case review. We examine the seizure circumstances and the government's justification, which helps us identify the strongest arguments for returning your property.
We begin with a free consultation. We listen to your story and explain your options. Then, we develop a custom strategy for your situation. Some cases require aggressive litigation, while others benefit from negotiation.
We keep you informed throughout the process so you'll understand what's happening and participate in key decisions. We explain complex legal concepts in plain language. We also offer flexible payment options and clear cost expectations from the start.
Yes. Through civil asset forfeiture, law enforcement can seize your property without filing criminal charges. They only need to suspect a connection to illegal activity.
You have only 15 days from the date of receipt of written notice to request a hearing. Missing this deadline will hurt your chances of recovery.
With proper legal representation, many owners recover all or part of their seized assets. Without legal help, recovery rates drop dramatically.
Most likely, yes. Some cases are settled through negotiation. Many require court appearances to challenge the government's claims.
If you're facing asset forfeiture in Miami, time is critical. Contact Florida Divorce & Criminal Defense Lawyer today for a free consultation. Our experienced team is ready to fight for your property rights.
We're available by phone, through our website contact form, or by email. Our team is ready 24/7 to take your call. At Florida Divorce & Criminal Defense Lawyer, we fight for our clients' freedom and the future of their families.
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