When law enforcement arrests a person for a drug offense, it often seizes the assets linked to that crime, but not without meeting the statutory requirements. Here is what you need to know about Florida’s civil asset forfeiture.
When can Florida police seize property in a drug case?
Under the Florida Contraband Forfeiture Act, the state is allowed to seize property used or intended for contraband activity, primarily when the property owner is arrested for the underlying crime. Exceptions allow seizure without the owner’s arrest if the owner is unknown, has fled or is deceased. Similarly, when the seized property is a monetary instrument such as cash, no arrest is needed.
What kind of assets do police commonly seize?
Police can seize any asset, equipment or object used to make and distribute drugs. They generally target the following:
- Vehicles used for drug transportation
- Firearms used to protect criminal activity
- Crop specimens, growing lamps and other equipment used for growing or manufacturing drugs
- Hard cash and payment instruments used in transactions
Police cannot immediately take your real estate; officers can only file a lis pendens on the property and must give you a chance for a pre-seizure hearing before taking official ownership. Having a dedicated criminal defense strategy in place before this hearing is essential to fighting the forfeiture and keeping your home.
What happens after your property is seized?
While police have the power to take your property, they must strictly follow Florida law and respect your constitutional rights. Facing asset forfeiture can feel overwhelming, but you do not have to fight the state alone. Partnering with a criminal defense attorney allows you to build a powerful defense strategy, challenge unlawful seizures and aggressively fight to reclaim what is yours.