The Difference Between Civil and Criminal Forfeitures
Two procedures exists for forfeiture actions- criminal forfeiture or civil forfeiture. Civil forfeitures are becoming the increasingly common way for the state or federal government to attempt to take property because the rules for civil forfeiture actions are much easier procedurally for the state or federal government procedurally and it does not require a criminal conviction to succeed. In other words, even if you are ultimately exonerated of the criminal offense, the civil forfeiture may still succeed.
In a civil forfeiture proceeding, the state or federal government bring suit against the property, instead of suing the owner of the property. The owner of the property becomes a third party who asserts a claim to the property. In order to succeed, the state or federal government must first make a sufficient probable cause showing for the forfeiture of the property. If that showing can be made, the owner of the property must prove by a greater weight of the evidence that probable cause does not exist to forfeit the property. A civil forfeiture proceeding does not depend on the outcome of the criminal case. On the other hand, in a criminal forfeiture action is dependent on a conviction because the criminal forfeiture proceeding is intended as punishment for the individual accused of a criminal act.
Crime Does Pay- Federal and State of Florida Forfeiture
On December 22, 2008, the United States Attorney's Office in the Middle District of Florida, Tampa Division announced that it seized nearly $19 million dollars in cash, vehicles, and other assets during 2008. The United State's Attorney's Office intend to distribute from the forfeiture fund over $8 million to various law enforcement agencies throughout the Middle District of Florida. The Pasco County Sheriff's Office will receive $160,000.
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Adverse Preliminary Hearing in State Court Forfeiture Actions
Hire an Attorney to request an Adverse Preliminary Hearing in State Court Forfeiture Action. Owners of seized property in state actions have more rights and a greater chance of getting the property back than if the property is subject to forfeiture by the federal government. After an adverse preliminary hearing is requested in Florida State Court, the burden is on the city or county to prove that the property seized is adequately connected to the alleged criminal activity to constitute "contraband" under the forfeiture act. The city or county must meet this burden by clear and convincing evidence.
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Vehicles Forfeitures are Common
The seizure and attempted forfeiture of vehicles is common by law enforcement officers, particularly in Hillsborough County, Florida or in the City of Tampa. In Hillsborough County forfeiture actions can be initiated by the Hillsborough County Sheriff's Office or the City of Tampa Police Department. If it can be alleged that your property was used to transport drugs, such as a car, truck, semi-tractor or other vehicle, the state or city can attempt to forfeit the property as punishment to deter crime and as a means of compensating the government entity for the crime. Even if you are the owner of the property, and you were not involved in the crime, the property may still be forfeited under certain circumstances unless you assert your rights within strict time periods.
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Defenses to Forfeiture
The law provides for legal mechanisms that can force the return of your property. Defenses to forfeiture actions can include the following:
- The true owner of the property is an “innocent owner” who had no knowledge of the criminal activity
- The forfeiture is disproportionate to the crime alleged (excessive)
- The law enforcement officer that seized the property was without probable cause
Florida is one of eighteen states that permits criminal forfeiture of assets. Florida criminal forfeiture laws attempt to deter several crimes, including:
- Money Laundering
- Drug trafficking
- Gambling
- Prostitution
- Theft or Fraud
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Types of Property Subject to Forfeiture
Property that can be subject to forfeiture can include the following:
Contraband such as illegal drugs and weapons
Objects used to commit the crimes, such as a vehicle used to transport drugs
Proceeds derived from the criminal activity, such as houses, vehicles, business accounts allegedly funded or purchased with the proceeds and profits from illegal activities
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Florida Contraband Forfeiture Act
According to Florida Statutes Section 932.701-706, "Florida Contraband Forfeiture Act," the stated purpose of the act is to provide certain set procedures allowing law enforcement to seize and attempt forfeiture of assets, such as cash monies, automobiles, vessels, real property, aircrafts, and other items. Under the statutes, contraband can include controlled substances, drug paraphernalia, and money that has some connection to a criminal drug crime. Contraband can also include any personal item which has been used as an instrument of any felony offense such as a vehicle, vessel, aircraft, or money gained from the proceeds of a criminal act defined under the Florida Contraband Forfeiture Act. Contraband can include real property, such as a house or land, including a lease or other interest in real property if the property was used during the commission of a felony, or is proceeds of a criminal act defined under the Florida Contraband Forfeiture Act.
Property and assets can also be subject to a Florida Civil Forfeiture Proceeding under certain conditions including:
- Vehicle forfeiture for any automobile used to transport drugs for any drug transaction.
- Vehicle forfeiture for any automobile purchased with the proceeds of an illegal act, such as a a drug crime.
- Vehicle forfeiture for any automobile used in the course of a felony, such as a sexual assault, armed robbery, or burglary.
- Asset forfeiture if the automobile, vessel, boat, or aircraft was used to transport or conceal certain items of contraband.
- Asset forfeiture if a private home, residence, business or warehouse used to store stolen merchandise or illegal drugs.
- Vehicle forfeiture if the vehicle was driven by a habitual traffic offender.
- Vehicle forfeiture if a vehicle was driven by an individual who is driving on a suspended or revoked driver licenses that resulted from a prior conviction for driving under the influence ("DUI").
- Asset forfeiture of other property used in a drug transaction or is the proceeds of a felony drug offense such as the following: (a) Money or U.S. Currency; (b) Drug paraphernalia, marijuana / cannabis grow house equipment, drug scales, safes; or (c) Guns or firearms.
A civil forfeiture proceeding can be begin even after the criminal forfeiture proceeding has started. Although Florida law provides for a board range of property subject to seizure, many protections to the owner of the property are also provide in the Forfeiture Act.
If your property is subject to forfeiture in Tampa, Hillsborough County, Polk County, Pasco County, Manatee County, or Sarasota County, contact an experience Tampa Asset Forfeiture Attorney to fight for the return of your assets and property. Hire an experienced criminal defense attorney that can also fight for the return of your property in a forfeiture action.
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Florida Asset Forfeiture Resources
Seizures and Forfeitures in the City of Tampa
The phone number to the Tampa Police Department Impound Lot is (813) 242-5328. Pursuant to 713.78, the City of Tampa may seek to impose a statutory lien pursuant.
Tampa Police Department - 813-242-5328
If your asset was seized by the City of Tampa in Florida, the case will be handled by the Forfeiture Unit for the City of Tampa Police Department that reports directly to the assistant city attorney, who serves as police legal advisor. The phone number for the City of Tampa Legal Bureau is (813) 276-3769, the phone number for the City of Tampa Forfeiture Unit is (813) 276-3767. In 2003 alone, the In 2003, a total of $1,236,561.29 was placed in the Law Enforcement Trust Fund through seizures and forfeitures.
Seizure, Forfeiture or Impounded Vehicles in Hillsborough County, FL
Hillsborough County Sheriff's Office
District 1 - 813-247-0600
District 2 - 813-247-8560
District 3 - 813-247-0331
District 4 - 813-247-0331
Florida Highway Patrol - 813-632-6859
Tampa Airport Police - 813-870-8760
USF Police Department - 813-974-2628
Plant City Police - 813-757-9200
Temple Terrace Police -813-989-7110
Seminole Indian Police - 623-5748
Seizures and Forfeitures in Pasco County, Florida
If your vehicle or other asset has been seized, impounded, or is subject to forfeiture, you can contact the Forfeiture Unit of the Pasco Sheriff's Office at (727) 844-7774.
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