Content Summary: Property Forfeiture due to related drug possession laws is a very serious punishment that is going to need the attention and knowledge of an attorney who has vast experience in the area of property forfeiture.
- What are reasons for property forfeiture?
- What is the first step an individual should take when they experience property forfeiture?
- How can an attorney help an individual to gain back their property?
In Miami, Florida it is not an uncommon occurrence for law enforcement whether it is the State law or federal law to try to use asset forfeiture laws to take an individuals property. Immediately upon being notified that law enforcement officers in the Miami, Florida area are going to attempt property forfeiture due to drug possession charges it is advised that the services of a quality attorney is retained as soon as possible.
The following are reasons for property whether it is a house or car to be subject to property forfeiture:
- When contraband is found on an individual’s property. Contraband can include illegal drugs, or items that are used to sell and/or package drugs.
- If property has proceeds that result of breaking drug possession laws.
- Any type of tools, instruments or anything else on an individual’s property that would help them to commit a crime.
The action of getting a lawyer who knows the ins and outs of property forfeiture due to related drug possession charges needs to happen quickly. If the forfeiture is done within the state, the defendant has 15 days after they receive notice to file a request for an adverse preliminary hearing. If the forfeiture was done by federal law enforcement the defendant has only10 days to file a request for an adverse preliminary hearing.
One of the most efficient ways to fight for property to be returned is through an attorney guiding you through the adverse preliminary hearing. It is extremely common for property owners to not take the appropriate action during the allotted time and as a result ultimately end up losing their property permanently.
It is not uncommon for local law enforcement in Miami, Florida to attempt to make property forfeiture for reasons that are not truly just. One example is if an individual is facing drug possession charges for a small amount of marijuana or cocaine that was found in their car when they were was pulled over for speeding, failure to obey traffic devices or some other reason. Without the help of an attorney it is going to be hard to negotiate with the court and get the personal property and/or car returned. Because the Miami, Florida law permits law officials to seize or take control of any property that was used to break drug possession laws in any, way there is a fine line of what actions are just and which are unjust actions performed by law officials. If the state is going to claim any property they must prove beyond a reasonable doubt that property was used as part of the failure to obey drug possession laws.
Because property forfeiture is considered to be a very harsh punishment and because it is hard to fight the best attorneys are going to be needed in order to challenge the states application of statute. If your property is subject to either criminal forfeiture as a result of drug possession charges a quality defense attorney will be able to take the appropriate action to help salvage the property. Finding a forfeiture defense attorney willafford you the opportunity to discuss your options, and what possible actions can be taken to gain property back.