Asset Forfeiture Defense in Miami

The most important thing to know is this: forfeiture cases run on short deadlines, and missing one can cost you the property by default. The government does not have to win on the facts if nobody shows up to fight.

Attorney Dennis Gonzalez has litigated and handled asset forfeiture matters in both Florida state court and federal court. He is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Is Asset Forfeiture?

Forfeiture is the government's legal process for taking ownership of property it says is connected to a crime. There are three main kinds:

• Civil forfeiture. The case is filed against the property itself, not against a person. In Florida, civil forfeiture is governed by the Florida Contraband Forfeiture Act, and the case is heard in the civil division of the circuit court. In federal court, civil forfeiture is brought under statutes such as 18 U.S.C. § 981, and 18 U.S.C. § 983 sets the general rules for those cases.
• Criminal forfeiture. Forfeiture becomes part of the sentence in a criminal case. In federal court, it is ordered after a conviction under statutes such as 18 U.S.C. § 982 and 21 U.S.C. § 853.
• Administrative forfeiture. In many federal cases, especially cash, the seizing agency (for example, the DEA or the FBI) starts the process on paper, outside of court. If no one files a timely claim, the agency can declare the property forfeited without a judge ever hearing the case.

The same seizure can move between these tracks. A federal case that starts as administrative can turn into a civil case in court, a criminal case, or both.

Why Property Gets Seized

Common situations we see in South Florida:

• Cash at a traffic stop. Officers find a large amount of cash in a car and claim it is drug money or the proceeds of a crime.
• Cash at the airport. Travelers carrying cash through Miami International Airport or Fort Lauderdale-Hollywood International Airport are stopped and the money is seized.
• Cars, trucks, and boats said to have been used to carry, hide, or deliver something illegal.
• Homes and other real estate said to have been bought with crime proceeds or used to commit a crime.
• Bank accounts and business accounts frozen or seized in money laundering, fraud, healthcare fraud, or money transmitting investigations.
• Cryptocurrency in exchange accounts or wallets.
• Jewelry, watches, electronics, and business equipment.

Being seized is not the same as being forfeited. Seizure means the government took it. Forfeiture means a court or agency has given the government ownership. Between those two points is where the fight happens.

The Deadlines That Can Lose Your Property by Default

Every forfeiture system has its own clock. A few examples, stated the way the law states them:

• Florida (state): if you receive notice of the seizure by certified mail, the notice must tell you that you may request an adversarial preliminary hearing within 15 days after receiving it. Once the agency files its forfeiture complaint, a claimant who wants to contest the forfeiture must file and serve responsive pleadings and affirmative defenses within 20 days after receipt of the complaint and probable cause finding. See Florida Asset Forfeiture.
• Federal (administrative): a claim may be filed no later than the deadline in the personal notice letter (which may not be earlier than 35 days after the letter is mailed). If the letter is not received, the claim may be filed no later than 30 days after the date of final publication of notice of seizure. See Federal Asset Forfeiture.
• Federal (criminal): a person other than the defendant who claims an interest in property ordered forfeited may petition the court for a hearing within thirty days of the final publication of notice or receipt of notice, whichever is earlier.

These are only examples. The exact deadline in your case depends on which agency seized the property, what notice you received and when, and which track the case is on. Do not guess. Call as soon as the property is taken.

The Innocent Owner Idea

Sometimes the person whose property was seized did nothing wrong. A parent lends a car to a son. A wife co-owns a house with a husband she did not know was involved in anything. A business owner's account is frozen because of what an employee did.

Both Florida and federal law protect innocent owners, but in different ways:

• In Florida, property may not be forfeited unless the seizing agency proves by a preponderance of the evidence that the owner either knew, or should have known after a reasonable inquiry, that the property was being employed or was likely to be employed in criminal activity. Florida also has specific protections for lienholders, spouses who jointly own property, co-owners, and rental car companies.
• In federal civil forfeiture, an innocent owner's interest may not be forfeited, but the claimant has the burden of proving innocent ownership by a preponderance of the evidence.

Notice the difference: in Florida the agency carries that burden; in federal civil cases the owner does. That is one reason the forum matters so much. The details are on the Florida and federal pages.

How the Criminal Case and the Forfeiture Case Affect Each Other

When there is also a criminal case, the two fight on the same ground:

• What you say in one case can be used in the other. A sworn claim, an answer, or testimony in a forfeiture case can become evidence in the criminal case. Every word has to be planned with both cases in mind.
• A bad search can matter in both. If the stop or the search was illegal, that may support a motion to suppress in the criminal case and a challenge in the forfeiture case.
• A plea deal can include the property. In federal court, forfeiture is often part of a plea agreement. What you agree to forfeit, and what you keep, needs to be negotiated before you sign, not after.
• Frozen money and bond. When accounts are frozen, families often struggle to post bond or pay for a defense. In some cases the court will want to know where bond money came from. See Bond & Nebbia Hearings.
• Timing. The forfeiture case does not always wait for the criminal case. Deadlines in the forfeiture case keep running even while the criminal case is pending.

Charges That Often Come With Forfeiture

• Money Laundering
• Drug Trafficking
• Unlicensed Money Transmitting
• Healthcare Fraud
• White Collar Crimes

What to Do If Your Property Was Seized

1. Get the paperwork. Keep every receipt, inventory, property form, letter, and envelope. The date you received a notice can start a deadline.
2. Write down what happened as soon as you can: the date, the place, the agency, the officers' names, and what was said.
3. Do not sign anything giving up the property, and do not make statements about the money or the property, without talking to a lawyer first.
4. Gather proof of where the property came from: pay stubs, tax returns, bank records, bills of sale, loan papers, titles, and business records.
5. Call us right away. In forfeiture, waiting can be the same as losing.

Why Choose Dennis Gonzalez Law, P.A.

• Forfeiture experience in both courts. Attorney Dennis Gonzalez has litigated and handled asset forfeiture matters in both Florida state court and federal court.
• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can the government keep my property even if I am never charged?

It can try. Civil forfeiture is a case against the property, not against you. Florida law, however, allows a seizure only if the owner is arrested for the offense that makes the property contraband, or one of the listed exceptions applies, and one of those exceptions is cash and other monetary instruments. Federal civil forfeiture does not require a criminal charge. See the Florida and federal pages.

What happens if I miss the deadline?

You can lose the right to contest the forfeiture, and the property can be forfeited without a judge ever looking at the facts. Some narrow remedies exist, but you should never count on them.

Is carrying a lot of cash illegal?

Carrying cash is not, by itself, a crime. But large amounts of cash draw attention, and police may seize it and claim a connection to crime. Your proof of where the money came from becomes critical.

The property is in my name, but someone else used it. Can I get it back?

Possibly. That is the innocent owner question, and the rules are different in Florida and federal cases.

Should I file a petition for remission with the federal agency?

A remission or mitigation petition asks the agency for relief. It is not the same as a claim that puts the government to its proof in court. Read the federal page, and talk to a lawyer before choosing.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.