If you’re currently involved in a seizure and forfeiture case in Florida, it’s critical that you hire a lawyer who has experience dealing with similar cases. A skilled forfeiture and seizure lawyer can not only help you contest the case at hand, but they can also combat the government’s allegations against your property and negotiate a settlement on your behalf. If they can’t negotiate a settlement outside of court, they are also prepared to defend your innocence in court.
Orlando Federal Asset Forfeiture & Seizure Lawyer
Orlando Federal Asset Forfeiture & Seizure Attorney
Having your assets seized unexpectedly is a terrifying ordeal. When you’re involved in a seizure and forfeiture in Orlando, it’s critical that you take legal action as soon as possible. You should seek help from an experienced Orlando federal asset forfeiture & seizure lawyer who can protect not only your property but also your rights.
The Kirlew Law Firm: Orlando’s Trusted Forfeiture and Seizure Lawyers
At The Kirlew Law Firm, our team offers unparalleled experience and unwavering advocacy to each of our clients. We have represented and supported countless residents from Orange County and throughout southern Florida, successfully guiding them through complex forfeiture and seizure cases. We can fight every presumption, defend your rights, and aggressively fight to secure your seized property.
What Is Asset Forfeiture and Seizure in Orlando?
When the government believes that a certain asset or piece of property is linked to a crime, they have the right to take that asset and make it government property through processes known as seizure and forfeiture. While these two legal actions often happen together, it’s important to understand the nuances between each legal tool.
- Asset Seizure: An asset seizure occurs when the government believes a piece of property you own is linked to a crime and takes that property without your consent. Federal asset seizures are often quick, forceful, and extremely upsetting for anyone involved.
- Asset Forfeiture: Forfeiture occurs after a seizure. Asset forfeiture is when law enforcement seizes a piece of property that they believe is tied to a criminal offense and then makes it government property. While the purpose of this is to remove items from circulation that have been a part of criminal activities, it has a negative effect on property owners who were not involved in the crime.
Unfortunately, assets can be seized without a formal arrest or conviction of the property owner. Because of this, it’s important to seek legal counsel urgently so that you can file a claim to contest the forfeiture of your assets permanently.
The Varying Types of Asset Forfeiture in Florida
Once federal assets are seized, they may be forfeited through methods such as:
- Criminal Forfeiture: Criminal forfeiture is connected to a criminal prosecution and usually happens after a conviction, but property may occasionally be seized earlier if there is strong evidence.
- Civil Forfeiture: The government can seize property through civil forfeiture based only on suspicion and without a criminal conviction.
- Administrative Forfeiture: Administrative forfeiture occurs without the involvement of the court when the property’s value falls below a certain threshold.
According to data from the Department of Justice, 78% of forfeitures that occurred between 2000 and 2019 were administrative, 16% were criminal, and 6% were civil-judicial. To better understand which method of forfeiture is being used in your case, you should consult a skilled Orlando defense lawyer from our firm.
How Assets Are Seized in Florida
Receiving a seizure notification or finding out that a bank account is frozen are sometimes the first ways people find out their property has been confiscated. Organizations like the Drug Enforcement Administration (DEA), Internal Revenue Service (IRS-CI), FBI Orlando Field Office, or Homeland Security Investigations (HSI) typically issue these notifications.
The federal government can seize any property it believes is a part of a criminal process, including cash, bank accounts, cars, jewelry, real estate, digital assets, and business equipment. Asset seizures typically occur during the beginning stages of an investigation. Property may be seized in several ways, for example, seizing a car during a drug investigation or taking money that was potentially part of a fraud scheme.
Seizures at transit hubs, financial institutions, and even private residences or offices during federal investigations are common in Orlando, a city renowned for tourism, international travel, and economic development.
The Importance of Hiring an Orlando Asset Forfeiture and Seizure Lawyer
If your assets have been seized in Orlando, it’s vital that you hire an attorney who can protect you and your assets. An experienced defense lawyer can not only help you fill out your claim to contest the forfeiture of your assets, but they can also help you file it and negotiate on your behalf to secure your property. An attorney can also help you gather all the evidence you need to make sure you have a strong claim.
FAQs About Orlando,FL Federal Asset Forfeiture & Seizure Law
How Are Forfeiture Procedures Initiated in Florida?
To initiate forfeiture in Florida, the government must seize the property it believes is connected to a crime. To do so, they must submit a notice of seizure to federal courts and the property owner. From there, the owner can contest the forfeiture of their property with a legal claim as long as it is submitted within the allotted time frame. Your property cannot be permanently forfeited unless the government demonstrates it was part of a crime.
What Is the Difference Between Seizure and Forfeiture?
Many people confuse seizure and forfeiture because they are two legal actions that often occur together. The term “seizure” refers to the act of a government agency taking property that was believed to be involved in a crime. Once property has been seized, that government agency will work to forfeit the owner’s rights to that asset. “Forfeiture” occurs once the government takes away an owner’s rights, and the asset becomes government property permanently.
What Is the Innocent Owner’s Defense of Forfeiture in Florida?
The innocent owner defense enables a person to contest property confiscation by demonstrating that they were unaware of the unlawful action, or if they were, that they did not agree with it. This argument is particularly crucial in civil forfeiture proceedings when the owner may not have been directly involved in the alleged crime but still faces the possibility of losing their property.
Contact The Kirlew Law Firm Today
Facing asset seizure and forfeiture in Orlando is daunting and can leave you in a vulnerable position. If you have had your assets seized, do not wait to contact The Kirlew Law Firm for steadfast advocacy and support.
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