Why Your Defense Attorney Should Also Handle Your Civil/Criminal Forfeiture
In Florida, when law enforcement seizes your property, you may face more than one legal challenge. Beyond criminal charges, the state may attempt to take your cash, car, or other assets through civil forfeiture. Having a lawyer who handles civil forfeiture and criminal forfeiture is essential for safeguarding your rights and your future.
At The Umansky Law Firm, we use decades of combined courtroom experience, including backgrounds as former prosecutors. We know how forfeiture actions intersect with criminal charges and how to build a unified strategy that protects you at every stage. Read on to learn why your criminal defense attorney should also handle your civil/criminal forfeiture.
Understanding Civil and Criminal Forfeiture
Criminal forfeiture is tied to a conviction. If the state finds you guilty, they can move to permanently take assets linked to the offense. Civil forfeiture, however, is separate. Agencies, such as the Orlando Police Department, can seize property based on suspicion of illegal use, even if you are never convicted.
An asset forfeiture lawyer could explain that civil proceedings use a lower burden of proof than criminal cases. This means that it is easier for the government to keep seized property unless you resist with strong legal representation.
Why Should One Lawyer Handle Both?
Hiring separate attorneys for criminal defense and civil forfeiture can create conflicts and weaken your defense. Evidence in one case often affects the other, and inconsistent strategies may harm your credibility. An asset forfeiture lawyer who manages civil and criminal cases ensures your defense remains consistent and coordinated. Some benefits of working with one legal team include:
- Unified approach: Both cases are addressed with consistent arguments
- Stronger negotiation: Prosecutors may be more open to a settlement with a cohesive strategy
- Efficient case review: One attorney evaluates all evidence and testimony
- Simplified communication: You and your family deal with a single legal team
Even if you already have another lawyer for your primary criminal case, you can still call us to handle your forfeiture. Our attorneys often intervene to focus on recovering seized property while coordinating with your existing defense team.
Defending Against Forfeiture
Under the Florida Contraband Forfeiture Act, you have the right to challenge seizures. An experienced attorney may argue that the property was not connected to illegal activity, the officers lacked probable cause or conducted an unlawful search, or the property belonged to an innocent owner with no involvement in the case.
Because these arguments often overlap with criminal defenses, one lawyer handling both matters avoids missed opportunities and strengthens your case.
Contact Us To Speak With a Criminal Defense Lawyer About Criminal and Civil Forfeiture
Facing asset forfeiture is overwhelming, especially when combined with criminal charges. At The Umansky Law Firm, we understand what is at risk. Our attorneys know the tactics that prosecutors use and work tirelessly to protect your freedom and your property.
If your assets have been seized, do not divide your defense between multiple lawyers. Rely on a defense attorney who could handle both your civil and criminal forfeiture matters. Contact The Umansky Law Firm today for a free consultation.
