What Assets Could Be Seized if I am Arrested for a Crime in Florida?
Civil asset forfeiture is not a new concept. For years, the police have pursued civil lawsuits in effort to seize private property used during the commission of a crime. The outcome of these proceedings is not a foregone conclusion, as you have the right to defend yourself and your property.
There are strict guidelines that the state must follow in order to take and keep private property. These proceedings typically occur within 10 days of items being seized by law enforcement. If you have questions about what assets could be seized when you are arrested for a crime in Florida, now is the time to reach out to a skilled asset seizure and forfeiture attorney.
What Are the Grounds for Forfeiture?
Asset forfeiture is a legal process that involves the seizure of property believed to be connected to illegal activities. However, it is important to recognize that there are two distinct types of asset forfeiture: civil and criminal. Each type operates under different legal standards and procedural requirements, which significantly impact individuals involved in such cases.
Civil asset forfeiture targets the property itself rather than its owner. It allows authorities to seize assets allegedly tied to illicit activities without requiring a conviction against the owner. However, state law tightened restrictions regarding this type of property seizure in 2016.
Under the current law, non-monetary property cannot be seized unless an individual was at least arrested for a crime. Before that, it was possible even without an arrest. It is necessary for law enforcement to apply for a court order within 10 days establishing that their actions were reasonable.
Understanding these distinctions is helpful for anyone facing potential asset seizures due to their alleged involvement in illegal activities. A knowledgeable defense attorney could help protect property rights and guide you through this complex process.
What Can Be Seized?
One of the most common things taken by law enforcement is money. It can be difficult to distinguish the source of this currency, which can complicate defense efforts, which is why it is so valuable to have legal counsel.
Other assets are routinely obtained through court order, such as cars or other vehicles. This is common in cases where these vehicles were used to transport drugs or other illegal material. Some of the other assets that might be seized include:
- Drugs or paraphernalia
- Firearms or other weapons
- Objects used in the commission of a crime
Possible Defenses
There are options for fighting back against seizure efforts by the police. Often, these defenses are raised on technical grounds. For example, police that do not follow strict notice requirements could have their seizure overturned by the courts. In other situations, an attorney might be able to show that the material taken by police was never used in a crime and was not acquired because of it.
Talk to a Florida Attorney About Which Assets Could Be Seized After an Arrest
If you have been arrested for a crime in Florida, there is a real possibility that some of your assets could be seized by law enforcement. Thankfully, The Umansky Law Firm could help you fight your criminal charges and assist with protecting your property rights as well. Call us as soon as possible to discuss your options.
