It’s essential that you hire a lawyer who can help you address your situation properly. To fight an asset forfeiture, you must submit a formal claim to the seizing agency within an allotted time frame. From there, your lawyer can contest the government’s proof, establish the property’s legal origin and usage, or negotiate for it to be returned to you. Innocent ownership, lack of probable cause, and procedural infractions are examples of legal defenses.
Miami Federal Asset Forfeiture & Seizure Lawyer
Miami Federal Asset Forfeiture & Seizure Attorney
If a federal seizure or forfeiture case in Miami has resulted in losing your assets, having a skilled Miami federal asset forfeiture & seizure lawyer on your side could make the difference between getting your property back and losing it permanently. Experiencing a seizure or forfeiture can be confusing and overwhelming, which is why it’s vital that you seek legal support and protection from an experienced attorney.
The Kirlew Law Firm: Trusted Miami Criminal Defense
With the team at The Kirlew Law Firm, we leverage our extensive experience with our comprehensive knowledge of federal criminal law to provide aggressive representation for clients facing offenses situations like federal forfeitures and seizures. We understand how complex and stressful these cases can become and are devoted to protecting your property and your rights. Don’t wait to ask how our team can aid you during a Miami federal asset forfeiture.
What Is Federal Asset Forfeiture?
Federal asset forfeiture occurs when the federal government is given legal permission to seize any property suspected of being a part of criminal activity. Typically, the seizure is done by the United States government, not your local state officers. A federal asset forfeiture or seizure can happen in Miami even if you have not been formally charged with a crime. This also means, unfortunately, that your assets can be taken simply due to suspicion.
Some common items that are targets for federal forfeiture include:
- Vehicles
- Cash
- Bank accounts
- Homes and other real estate
- Business inventory
According to the Department of Justice, 16% of forfeiture cases were considered criminal from 2000 to 2019. This number may seem low because many forfeiture cases that involve suspicions of criminal activity can be handled administratively with help from a strong lawyer.
Different Types of Federal Forfeiture
There are multiple types of federal asset forfeiture. These include:
- Civil Asset Forfeiture. This allows the United States government to seize property even if you are not convicted of a crime.
- Criminal Asset Forfeiture. This type of forfeiture is directly related to a criminal process. This means that the government can order your property to be seized if you are convicted. However, a conviction may not be necessary for the forfeiture and seizure to take place, especially if there is enough evidence to support criminal suspicions.
- Administrative Forfeiture. An administrative forfeiture happens when property is seized with a judge or court involved. The assets can be forfeited if the property’s value is under a certain financial threshold.
Understanding Your Rights During a Federal Forfeiture
When facing criminal charges and federal forfeiture in Miami, you are given due process under the United States Constitution. However, it is still up to you to prove that your property was not a part of criminal activity.
If you receive a seizure notice, you should act quickly and seek legal aid. An experienced defense attorney knows how to file a claim and how quickly to do so, protecting you from permanently damaging the possibility of retrieving your items and challenging the seizure. Waiting can hurt your chances of getting your assets back.
Do not speak with investigators without your attorney present, as your words can be used against you later in court. Your attorney can advise you on what to say and speak on your behalf. You should also be sure to document everything in detail as soon as you are able. Take relevant pictures and videos and collect witness statements.
How a Miami Federal Asset Forfeiture Lawyer Can Help You
Facing a federal seizure or forfeiture can be daunting. With everything that’s at stake, it’s critical that you retain a skilled defense attorney who can help you understand your rights and protect your property. An experienced defense lawyer can help you fill out the proper legal claim correctly and quickly, helping you file efficiently and begin fighting for your property as soon as possible.
In many instances, a defense attorney can negotiate on your behalf and reach some sort of settlement without your case having to go to court. If your case does proceed to trial, your attorney can advocate for you in front of the judge, challenge the forfeiture in federal court, and protect your rights.
Because we are based in Miami, our firm has a unique perspective on how federal agencies operate throughout the city. We carefully monitor the forfeiture actions taken by the Southern District of Florida U.S. Attorney’s Office and have helped countless clients combat forfeitures and seizures.
FAQs About Federal Asset Forfeiture & Seizure Law in Miami,FL
What Is the Difference Between a Seizure and a Forfeiture in Florida?
A seizure occurs when law enforcement takes possession of property that is suspected of being involved in a crime. The legal procedure by which the government acquires permanent ownership of seized property is called forfeiture. Before ownership formally passes to the government, forfeiture requires legal processes, whether civil, criminal, or administrative. Seizure occurs first.
Can Property Seized With a Warrant Be Subject to Forfeiture in Miami?
Yes, law enforcement can acquire a warrant in order to seize property they believe is linked to criminal activity and liable to forfeiture. Usually, a judge must approve this, and the warrant is backed by probable cause. Even with a warrant, though, the government must still adhere to laws in order to seize the property and give the owner an opportunity to contest it.
What Is a Common Defense to Asset Forfeiture in Miami?
One common defense used in asset forfeiture cases is innocent ownership. This is applicable in cases where the property owner can demonstrate that they were unaware of or did not approve of the unlawful behavior associated with the property. Lack of reasonable cause, unlawful search and seizure, or proving the item was acquired lawfully are further defenses.
Contact The Kirlew Law Firm Today
If you are being investigated by the federal government or your assets have been seized, do not wait to seek legal help. Our skilled Miami federal asset forfeiture attorneys are prepared to protect you and your property. Contact us today to learn more about our criminal defense and federal asset forfeiture services in Miami.
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