Does the zero tolerance law apply to houses as well as vehicles?

Asked 11 months ago - Tampa, FL

My son lives in my house. ( I don't). He has recently had some legal trouble and I was wondering if there was any way my house could be confiscated due to illegal substances?

Attorney answers (3)

  1. Larry Thomas McMillan

    Contributor Level 15

    2

    Lawyers agree

    Answered . Is your son listed on the property deed? Did you have knowledge of his illegal activities at the house? If you answered yes to these questions then your house could be in jeopardy. I would suggest you contact a forfeiture attorney in your area.

  2. Sergio Cruz

    Contributor Level 11

    2

    Lawyers agree

    Answered . Forfeiture is governed by Florida Statute 932.701-706 which may be found at http://bit.ly/11dw68A. The most relevant part of which reads "Any real property, including any right, title, leasehold, or other interest in the whole of any lot or tract of land, which was used, is being used, or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act." Your house may be in jeopardy but I have not seen this happen unless you knew or should have known about the illegal activity.

    The State would file a lis pendens against the house in order to begin a forfeiture procedure which would give you ample time to defend have to give you ample opportunity to defend the forfeiture.

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  3. Don Waggoner

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . It's going to depend on the type of legal trouble he is in and what your involvement or knowledge of it is/was. If he has been conducting criminal activities or a criminal enterprise from your home and you knew it was going on but did nothing to stop it, your home could be in danger of forfeiture. Usually, minor violations of the law do not get the forfeiture law invoked. Large drug or counterfeiting operations will, especially if the Feds are involved. If you are concerned about this, you should contact an attorney familiar with forfeitures.

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