Asset Seizure

What Is Asset Seizure in Florida?

Under Florida law, asset seizure is allowed in certain cases. Police, the Sheriff’s Office, or the Florida Department of Law Enforcement can take cash, property, or other assets. They must believe the items are connected to criminal activity. This authority applies in specific situations where there is evidence linking these items to the proceeds of crime.

If the State of Florida seizes your cash, property, or assets during an arrest, you have rights. You or your loved one must be given a hearing. A judge must make a legal determination. Procedural and Substantive Due Process ensures that individuals can contest any illegal seizure of their belongings. After you receive a notice of seizure or forfeiture, you have 15 days to act. You must request an adverse preliminary hearing within that time. This hearing is just the beginning of the legal process. It can lead to appeals later. But it is the best way to protect your rights and challenge the government’s actions.

When Can Law Enforcement Seize Your Property?

This situation is most common in drug arrests for production, trafficking, sale, manufacturing, possession with intent to distribute, etc. However, certainly any crime involving a high amount of assets, usually referred to as White-Collar Crimes, or situations involving Burglary, Money Laundering, RICO, Conspiracy to Defraud, Fraud, Grand Theft, etc. come into contact with Asset Forfeiture issues.

In Florida, the most commonly litigated asset forfeiture cases involve cash and motor vehicles. However, law enforcement may also seize homes, boats, planes, trailers, jewelry, and other personal or family property.

With offices in Gainesville, Tampa, Ocala, New Port Richey, Spring Hill, Brooksville, Tarpon Springs, Inverness, and Bushnell, our firm represents clients in asset forfeiture proceedings throughout Florida — including Hillsborough, Pinellas, Pasco, Hernando, Citrus, Sumter, Marion, Lake, and Alachua counties.

You have legal rights against the government, and the earlier our team is on your side, the earlier we can begin restoring your property. Call Florida Criminal Asset Forfeiture Attorney Jason M. Melton at 866-608-5529 or contact us online.

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