Articles Tagged with Civil Forfeiture Florida

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If you’re involved in a civil asset forfeiture case, sometimes you’re left wonACLU-Logo-300x300dering whether or not you can legally pursue your property at all. Your best bet in this case is to hire a good lawyer who understands your situation–and may be able to help you get your property back.

Of course, being informed yourself never hurts. This post includes some resources you can use to learn more about your options.

 

 

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Adversarial Preliminary HearingAn Adversarial Preliminary Hearing is a court proceeding where a judge determines if probable cause exists to believe that seized property has been used in violation of the Florida Contraband Forfeiture Act.

During this hearing, the judge will review evidence presented by law enforcement as well as any potential claimants. Evidence can include documentation, financial records, photographs, videos, physical evidence, forensic evidence, and witness testimony.

It is important to remember that an Adversarial Preliminary Hearing is just that – a preliminary hearing. It is not a trial on the merits, it is not the end all/say all in your case, and it isn’t the last chance you will get to fight back. The hearing exists to see if there is a basis for law enforcement to continue to seize your property pending the outcome of the forfeiture action.