Miami Asset Forfeiture Attorney

Protect Your Property in Fort Lauderdale 

Has law enforcement or the court system threatened to seize your property? If so, you need to understand that in certain instances, Florida law allows the seizure of various properties. This practice is known in legal terms as “forfeiture.”

Some of the most common types of forfeitures in Florida involve vehicles, but money and other personal property are also common targets. While legal, the practice of seizure under forfeiture law is sometimes abused and misused by law enforcement and the justice system. That is why it is important to seek the services of an attorney if you are facing a situation involving forfeiture.

Miami asset forfeiture defense lawyer Evan Hoffman has represented many clients at risk of having their property seized. The Hoffman Firm can help devise a plan to fight the system and see that your property and rights are protected. If you have received a notice of seizure, you only have a matter of days to protect your property.

Call us at (305) 928-1669 if you are in Miami, or 954-737-3004 if you are in Broward County, to schedule a consultation with an experienced criminal defense attorney. 

What Actions Lead to Forfeiture?

The main reason for having property seized under forfeiture law is that the property is believed to have been obtained through illegal activity or purchased with funds that were obtained through illegal activity.

A few examples of property that could be seized include:

• Money that was obtained in drug trafficking
• Property (motor vehicles, boats, real estate, jewelry, etc.) that was obtained through drug trafficking, fraud, or another illegal activity
• Money obtained through fraud, such as by mortgage fraud, mail fraud, or wire fraud
• Motor vehicles, real estate, or other property that was used to commit drug crimes or fraud
• RICO violations and cases involving racketeering
• Money or property related to a money laundering case

Defenses to Forfeiture

For a seizure to be carried out, it must be proven that the property was indeed obtained through illegal means. In some forfeiture cases, law enforcement may utilize questionable approaches such as seizing vehicles during a drug arrest.

In these situations, a skilled defense attorney can work toward having your property returned due to law enforcement’s possibly ineffective reasoning for seizure.

Some defenses against forfeiture include the following:

• The actual owner of the property is an innocent owner who was not knowledgeable of any criminal activity
• The forfeiture was an excessive response to the alleged crime
• The seizing officer acted without probable cause

The Hoffman Firm Is Here to Help

If you are facing the prospect of having your property seized, you need to act quickly because you only have 15 days in state actions or 10 days in federal actions after receiving notice of the forfeiture to file a request for an adverse preliminary hearing to preserve your rights.

Our Miami forfeiture defense lawyer can walk you through this process and make sure that nothing is missed that might be advantageous in your situation. The Hoffman Firm is standing by and ready to schedule a free consultation for you.

Give us a call at (305) 928-1669 today if you are in Miami. Call us at 954-737-3004 if you are in Broward County.