I’ve heard the story more times than I can count: I was pulled over for something trivial. Next thing I knew police were searching my vehicle and asking my why I had so much money in my purse, or so much cash in my pants pocket, or in my deposit bag. They took my money and told me it was being seized – what do I do now?
It sounds like something from a television show about corrupt police, but the simple fact is that Florida law allows law enforcement officers to seize money if they believe that it has been or is about to be used in a crime. Sounds strange, doesn’t it? The police can actually take your money if they think you are about to commit a crime that hasn’t even happened yet.
You are not without recourse. The law also provides tools for you to fight a forfeiture of your money or possessions. When an officer takes your property, they must justify that action before a judge within a certain time frame. If the judge finds the taking was unjustified, you get your property back. If the judge does find that it was justified, you still have the right to have the matter decided by a jury of your peers.
There are a multitude of ways to attack the legality of a forfeiture. I have spent many years focusing on this area of the law, and have handled countless cases where a judge or jury found the actions of law enforcement to be unwarranted. Many people feel powerless when law enforcement infringes on their rights. Even though you may have been mistreated, you don’t have to lose what is rightfully yours.
If you are the victim of a civil forfeiture, please call us at (904)350-9333 or visit our website at www.shafercriminallaw.com Use our expertise to fight for your rights.
Regards,
Robert Shafer, Esq.
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