Florida’s Seizure & Forfeiture Laws: What Happens to Your Property When You Are Charged

When someone is charged with a crime in Florida, the legal consequences are often the first concern. But what many folks don’t realize is that criminal charges can also put their money, vehicle, home, or other property at risk. Under Florida and federal law, the government may seize and seek forfeiture of property it believes is connected to illegal activity. This process can begin before a conviction and, in some cases, even without one.

Understanding how seizures and forfeitures work is essential to protecting your rights and your financial future.

What’s the difference between seizure and forfeiture

• Seizure is when law enforcement takes your property, often during an arrest, search, or traffic stop.
• Forfeiture is when the government attempts to keep that property permanently.

There are two main types of forfeiture:

• Criminal forfeiture (tied to a criminal investigation)
• Civil forfeiture (does not require a criminal conviction and is brought against the property itself)

Civil forfeiture, in particular, can feel unfair. The government does not have to prove guilt beyond a reasonable doubt–only that the property was more likely than not linked to illegal activity.

What property can the government seize?

Florida’s forfeiture laws allow police to seize property they believe was:

• Used to commit a crime
• Purchased with proceeds of a crime
• Transported or stored illegal items

Common examples include:

• Cash
• Cars and trucks
• Cell phones and computers
• Jewelry or valuables
• Bank accounts
• Firearms
• Homes or real estate

Sometimes, property is taken simply because it was near allegedly illegal activity and not because the owner knowingly did anything wrong.

How seizure happens in Florida

Once property is taken, law enforcement must meet specific procedural requirements, but these deadlines move quickly. If you do not challenge the seizure in time, the government may automatically keep the property.

A lawyer can file a demand for an adversarial preliminary hearing, where the State must show probable cause to continue holding your property. If they fail, the property must be returned.

Defending against forfeiture

There are several ways to fight a seizure or forfeiture. These include:

• Arguing a lack of probable cause
• Showing that the property was legitimately owned and acquired
• Proving that the owner had no knowledge of the illegal use of the property
• Challenging violations of the Fourth Amendment, such as an unlawful search or traffic stop

The sooner an attorney gets involved, the stronger the defense options will be. Waiting can limit your ability to recover what was taken.

Talk to a Tallahassee Criminal Defense Lawyer Today

Luke Newman, P.A., represents the interests of Tallahassee residents who are facing criminal charges. Call our Tallahassee criminal defense lawyers today to schedule an appointment, and we can begin discussing your next steps right away.