The cops kept my car and money after an arrest! Can they do that? Yes!
There has been a lot of talk in the news lately about the government’s ability to seize people’s money, cars, and other property when they arrest a person for certain felonies in Florida. This type of government seizure is known as Civil Forfeiture. Under Florida’s Contraband Forfeiture Act, if the government can prove that property was used in the commission of a felony, was the profit from a felony crime, or was used to conceal the commission of a felony crime, then the government can take your stuff. Believe it or not, being caught with just one Xanax pill while driving your car could lead to the government being able to seize and forfeit your vehicle.
Yes, I know it’s crazy.
There is a system to fight this taking by the government, but it is time sensitive. When the government seizes your property, it must provide you with written notice that they intend to commence forfeiture proceedings and take your property. This notice must also tell you that you have the right to request an adversarial preliminary hearing. Typically this notice will be a piece of paper the arresting officer gives you when they arrest you. Within 15 days of getting that piece of paper, you must send a letter to the seizing agency demanding an adversarial preliminary hearing. That letter must be mailed by certified mail, return receipt requested. Once the law enforcement agency receives your demand for a hearing, they will have ten (10) days to get it heard by a judge. It is important to challenge them and move for dismissal of the forfeiture if they don’t get you in front of a judge within 10 days. There is good case law in Florida stating that when an agency waits until the eighth or ninth day to ask for a hearing, and the judge cannot hear it before the tenth day, it is the agency’s problem. The agency should have acted sooner. The judge should throw out the case and order the property returned.
After the adversarial hearing is over, if you win, the property is returned to you. If you lose, law enforcement will hold on to the property while the case is pending. At this point, they will have to file a lawsuit, and the case will proceed like a regular civil lawsuit. This process will involve interrogatories, requests for production, discovery, and motions. Ultimately, you have the right to a trial by jury on a forfeiture case.
As you can see, this process can be technical and time-consuming, meaning a lawyer can be beneficial. Often a lawyer can strike a deal with the law enforcement agency to get some of your stuff back, rather than them having to go through this whole process. If you have received a forfeiture notice and the police took your money or car, contact my office to discuss whether you have a case to challenge the forfeiture and get your stuff back.
