Asset forfeiture is a confiscation of assets by the state. It can be civil or criminal. It typically applies to alleged proceeds of crime. Asset forfeiture can apply to terrorist activities, drug crimes, and other offenses. The purpose is to disrupt criminal activity by confiscating the funds used to engage in it.
Civil forfeiture allows the government to take your property, home, and car for being suspected of committing a crime without ever being convicted or even charged with a crime.
The loss of a defendant’s rights to property used in the commission of a crime and confiscated by the government. An example of a criminal forfeiture would be if a car was used in the transportation of illegal narcotics.
What Items Can Be Forfeited Under the Florida Contraband Forfeiture Act?
- Money or currency
- Motor Vehicles or Aircraft
- Commercial property used to commit a felony
- Personal property used to commit a felony
- Controlled substances
- Items used for gambling purposes
Steps to Forfeiture
- Notice of seizure from the sheriff identifying the seized property.
- Probable cause for a judge to determine if law enforcement has probable cause to continue holding your property.
- Discovery – If the judge ruled there is no probable cause, the property would have been returned at this stage. Otherwise, witnesses will be deposed and documentation will be demanded to prepare the case for trial.
- Trial by Jury – This will be the next step in the litigation process where you will have the opportunity to challenge every government witness and allegation and present your evidence, testify or call witnesses.
- Verdict – With each trial, there comes a verdict. If the verdict is for you, your property will be returned. Alternatively, if the verdict is for the government, the property will transfer to them formally.
When your assets have been forfeited either civilly or criminally, Ron S. Chapman can help you recover your possessions.
If you hire Mr. Chapman, he will do all of the following things for you:
- Investigate the prosecutor’s case against you.
- Speak with your witnesses.
- Present legal motions to the judge.
- Investigate your defenses.
- Represent you at your trial.
- Try to get the best possible result for you.
Ronald Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people accused of committing various types of crimes. If you are facing criminal charges in Florida, Ronald Chapman can help.
Visit us at https://www.justiceflorida.com/ You can also connect with the West Palm Beach Criminal Defense Office online today! Ronald Chapman, an experienced criminal defense lawyer, dedicated to defending your rights. Contact him today to begin to discuss your case.
Ronald S. Chapman, P.A.
400 Clematis Street, Suite 206
West Palm Beach, FL 33401
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