How to Get Your Property Back - Asset Forfeiture and Vehicle Forfeiture Cases in Florida

Posted almost 6 years ago. Applies to Florida, 12 helpful votes

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Hire an Florida Forfeiture Attorney to File for an Adverse Preliminary Hearing

After receiving a notice of seizure and forfeiture you must take action quickly to preserve all of your rights. You can hire an attorney to file and litigate a motion for an adverse preliminary hearing. Often just the fact that you have hired an attorney and filed a motion for an adverse preliminary hearing may allow your attorney to negotiate the return of your property for a fraction of what it would have otherwise cost you. In state actions, the motion for an adverse preliminary hearing must be filed within 10 days. If you fail to take action quickly, you may lose the most important tool your attorney has for fighting for the return of your property. Many of these case can be resolved through negotiations immediately prior to the adverse preliminary hearing. Even in cases where no negotiations are possible, your criminal defense attorney can gain valuable information about your case at the hearing that can later be used for your defense.

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Hire an Florida Forfeiture Attorney to Assert Defenses

Defenses to an asset forfeiture action can include the fact that another person is the true owner of the property and is "innocent" or without culpability or knowledge of the wrongdoing by the person arrested. Your attorney can also assert a defense if the taking of the property is excessive or if the taking is without probable cause. Information gathered during the forfeiture proceeding can also be used to defend you against the criminal accusation so it is important to hire a criminal defense attorney that is willing to fight for the return of your property as part of your criminal representation.

Additional Resources

Forfeiture Endangers American Rights (F.E.A.R.) Foundation, http://www.fear.org United States nonprofit organization dedicated to reform of federal and state asset forfeiture laws to protect against police corruption, restore due process and guard property rights.

Tampa Forfeiture Defense Attorney Blog

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