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What Can I Do If Law Enforcement Confiscates My Money or Property?

Miami Forfeiture Lawyer

Law enforcement officers will often seize and confiscate cash from a person even if they have insufficient evidence to show that the money came from illegal activity. This typically happens when a person is carrying more than $10,000 in cash but is also quite common for sums of money larger than $1,000.

The most important thing to do when law enforcement officers seize your money or property is to not say a word.

Here are some valuable reminders:

  • Do not explain where the money or property came from
  • Do not explain ownership
  • Do not sign any documents
  • Simply observe your right to remain silent
  • Remember, when dealing with law enforcement, silence is golden!

Law enforcement officers often try to avoid the forfeiture process by getting individuals to sign a document declaring that the property or cash does not belong to them. Officers will often threaten arrest to persuade persons to deny ownership of property or money. If you are currently a victim of forfeiture, contact a Miami forfeiture lawyer immediately to begin the legal process of recovering your money or property.

Forfeiture Proceedings in Florida

The lawyer you choose to represent you can explain to law enforcement agencies where the money came from or who owns the money or property. Law enforcement officers are required to give you notice of the seizure of the money or property and must do so within 45 days of the confiscation. When law enforcement gives you the notice, you or your lawyer must send them a written response by certified mail within 15 days.

Once law enforcement receives the response, they have 10 calendar days to hold a special hearing called an adversarial probable cause hearing. At this hearing, the lawyer for the law enforcement officer must show a judge enough evidence to believe that there is probable cause that the confiscated money or property is related to criminal activity. If not, the money or property is returned immediately. If the judge does find probable cause, then law enforcement agencies get to hold the property until the civil forfeiture case is concluded through a judgment by the court. Just like in a criminal defense case, you are entitled to a jury trial when the government takes your money or property.

Protect What Is Rightfully Yours with the Help of Attorney Thomas Mote

Attorney Thomas Mote has extensive experience and knowledge handling criminal forfeiture and civil confiscation proceedings in Florida. Thomas Mote can devise strategies to quickly get your money or property returned from the state, and in many circumstances, he can handle the case without the client paying out-of-pocket until the money is returned.

Let him put his more than 17 years of experience to work for you. Contact him today for the tough and knowledgeable legal experience you need for your forfeiture case.

Why Hire Thomas W. Mote, II PA

  • Over 17 Years' Experience

  • Focused on Criminal Defense

  • Fluent in Spanish

  • Dedicated to Fighting for Your Rights