Orlando Asset Forfeiture Attorney

Most people do not realize the breadth of the authority the government has to take assets through criminal and civil forfeiture laws. These laws can be used by the state or federal government to make you forfeit money, property, or other assets used in furtherance of a crime or purchased with the proceeds of a crime.

If you receive notice that the government is attempting to seize your assets, you need to take it very seriously and get help from an experienced federal and state defense attorney. Orlando Attorney Jonathan Rose has the extensive experience, skill and resources you need to protect your rights and look out for your best interests.

What Is Asset Forfeiture?

The stated purpose of asset forfeiture laws is to prevent people or organizations from profiting from criminal conduct. In practice, however, asset forfeiture laws can be ruthless, arbitrary, and unfair. Both the U.S. federal government and the State of Florida have asset forfeiture laws in place, but Florida allows only civil asset forfeiture.

The U.S. federal government can initiate a civil or criminal asset forfeiture action against a person or organization. Criminal asset forfeiture occurs as part of a criminal prosecution at the time of sentencing. Importantly, in a criminal forfeiture action, only the defendant’s legal interest in the property can be forfeited. Although a conviction is required to proceed with criminal forfeiture, the government is only required to establish a connection between the assets and the crime by a preponderance of the evidence.

The U.S. federal government can also take assets through civil forfeiture proceedings. Civil forfeiture in federal court is a legal proceeding against the property itself, not against a person or organization if the property was derived from or used to commit a criminal offense. No criminal conviction is required to proceed with civil asset forfeiture. The government is only required to prove that the assets are linked to criminal activity. Anyone with a legal interest in the property may be subject to civil forfeiture, and property located outside the United States may be targeted in a civil forfeiture action by the U.S. federal government.

Unlike the federal government, the State of Florida does not have a criminal forfeiture law. Instead, Florida law only allows for civil asset forfeiture. Governed by the Florida Contraband Forfeiture Act, civil asset forfeiture proceedings in Florida differ from their federal counterparts in the burden of proof required to succeed in a forfeiture action. The state must prove beyond a reasonable doubt that the assets are connected to criminal activity in a Florida civil forfeiture proceeding.

What Assets Are Subject to Forfeiture?

Both federal and state forfeiture laws define assets subject to civil forfeiture broadly, meaning almost any type of asset could be targeted for forfeiture, including things such as:

• Bank accounts
• Cash
• Securities (stocks and bonds)
• Cars, boats, airplanes
• Residential and commercial property
• Jewelry
• Personal property
• Equipment

Because of the wide variety of assets open to forfeiture and the wide-ranging authority of the government to take your assets, it is very important to get legal help from an attorney who knows the law and has experience with asset forfeiture cases. Call Attorney Jonathan Rose at 407-894-4555 or submit the “Tell Us What Happened” form on our website to get the powerful protection and representation you need.

What Should I Do If I Receive a Notice of Seizure?

In a federal criminal asset forfeiture, the prosecution will identify assets for forfeiture as part of the criminal case. During sentencing, the judge will decide if the government has met its burden of proof and if so, will order forfeiture of the assets as part of sentencing.

In a civil asset forfeiture action, both state and federal law requires the government to send a formal notice to property owners when assets are seized and targeted for forfeiture. If you receive a notice of seizure, it is crucial that you read the notice carefully. The notice should indicate what assets were seized and the date of seizure, as well as inform you of your rights and applicable deadlines.

If the State of Florida has initiated the asset forfeiture action, you have a right to request an Adversarial Preliminary Hearing; however, you only have 15 days from the date of receipt of the notice to request the hearing. If you request a hearing, the state must establish that there is probable cause for the continued seizure of your assets. This is the first opportunity for an experienced Orlando asset forfeiture attorney to advocate on your behalf for the return of your assets. If you fail to request a hearing, the state will ask the judge to find that probable cause exists without your input.

If the court finds probable cause, the asset forfeiture will proceed as a civil action. Both sides will conduct discovery and attempt to negotiate a mutually agreeable resolution that does not require a trial. If an out-of-court settlement is not possible, the forfeiture action will proceed to trial, at which time a judge or jury will decide if the state or federal government is entitled to the assets in question.

What Are Some Asset Forfeiture Defenses?

Whether initiated by the state or federal government, asset forfeiture actions can be complex and convoluted. It is also not uncommon for an innocent party to be targeted for asset forfeiture. While the specific defense strategy used in your case will depend on the facts and circumstances surrounding the asset forfeiture, some common defenses include:

• Burden of proof. The government must meet the applicable burden of proof to succeed in a civil forfeiture action. That means the government must establish a connection between the assets targeted for forfeiture and criminal activity. Sometimes, the best defense is to argue that the government failed in that burden.
• Innocent owner. This often applies when a spouse or business partner is a co-owner of the assets in question and was unaware of the illegal activity associated with the assets.
• Proportionality. This is an 8^th Amendment argument that can be used to assert that the forfeiture amounts to a grossly disproportionate penalty because the value of the property seized is not proportionate to the crime.

Attorney Jonathan Rose will thoroughly investigate your case and determine the best defense based upon your specific situation. He will discuss defense strategies with you, intervene as early as possible to argue for the best possible resolution and work tirelessly to protect your rights.

Contact an Experienced Orlando Asset Forfeiture Attorney

If you received a notice of asset forfeiture, time is of the essence when it comes to preventing the loss of your assets. As such, consulting with an experienced Orlando asset forfeiture attorney as soon as possible is in your best interest to ensure that your rights are protected and to give you the best chance of preventing the forfeiture of your assets.

Orlando asset forfeiture attorney Jonathan Rose has the commitment, resources, and experience needed to aggressively represent you in a state or federal asset forfeiture action. Take action now to protect your rights and your assets.

Contact experienced Orlando asset forfeiture attorney, Jonathan Rose, by calling 407-894-4555 or submitting the “Tell Us What Happened” form on our website today.