Forfeitures in Miami, Florida

If you have received notification of a criminal forfeiture you only have a limited time to contest it. This is 15 days if it is a state forfeiture, or 10 days if it is a federal forfeiture. Losing your property or assets through a forfeiture is not inevitable and can be contested. Contact Miami criminal defense attorney, Albert Quirantes Esq., as soon as possible to fight to have your property returned.

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The justification for asset forfeitures

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In Florida, as in other states with similar forfeiture laws, the purpose of forfeitures is to prevent further crimes by removing or seizing the profits of a crime from the alleged offender. Examples of crimes which may lead to criminal forfeiture (as opposed to civil forfeitures which are becoming increasingly common in this state) include:

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• drug trafficking;

• gambling;

• theft;

• fraud;

• money laundering;

• prostitution

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Property or asserts that may be seized in a forfeiture:

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• anything that is used to commit a crime;

• illegal drugs or weapons;

• anything that has been acquired through a felony, including business accounts; houses and vehicles.

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How you can contest forfeiture

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There are many reasons why forfeiture is unjustified. However, you have little time after a Notice of Forfeiture before the seizure becomes permanent. It is vital that you contact a Miami criminal defense attorney as soon as you realize that your property or assets have been seized and you have received a Notice of Forfeiture. As long as you file a request for an adverse preliminary hearing within 15 days for a state forfeiture or within 10 days for a federal forfeiture you have a chance of having your property or assets returned if you can convince the hearing that the forfeiture was unjustified.

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Defenses to Forfeiture

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Forfeiture is not inevitable. There are many reasons why forfeiture can be proven to be disproportional to the crime committed, or completely unjustified. Typical reasons for contesting forfeiture include:

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• Whoever owned the property or assets seized did not have any knowledge of the alleged associated crime. For example, if your car was stolen and used for a bank robbery then seized, this would be an obvious example of an unjustified forfeiture.

• The seizure is excessive and out of proportion to the alleged crime.

• The officer who carried out the forfeiture did not have ‘probable cause’ to act.

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Don’t delay if you receive a Notice of Forfeiture; Contact Albert Quirantes, Miami criminal defense attorney, as soon as possible at 305-644-1800.