Proetta, Oliver & Fay, LLC.

New Jersey Property Forfeiture

When Police investigate criminal activity, they may seize personal property under the guise of it being “contraband.” When law enforcement officers believe that things in your possession like cash, weapons or even cars, are somehow involved in criminal activity, then they may use New Jersey’s Forfeiture statute, N.J.S.A. 2C:64-1 et seq., to seize your personal property. When this happens, you may have to fight the State for the return of your property through what is known as a Civil Forfeiture Hearing. New Jersey’s Civil Forfeiture law tends to be as a weapon by law enforcement. Moreover, when there are criminal charges filed, Prosecutors may use the threat of civil forfeiture as a plea bargaining tool. These tactics can leave defendants and innocent owners in a difficult position, especially, when they lack the funds to fight a civil hearing. Due to the fact that Police and Prosecutors stand to benefit from the proceeds of a civil forfeiture, negotiating with them can prove frustrating.

With some of the worst civil forfeiture laws in the Country, New Jersey legislators have failed to recognize the unjust burden placed on property owners. For example, New Jersey Law Enforcement only needs to demonstrate by a preponderance of the evidence that the property was involved in criminal activity. This is a far lower burden then the criminal standard of beyond a reasonable doubt. Even more concerning is the fact that property owners whose children or friends used their property without consent will have to fight for the return of their belongings. The State will show little mercy to the rightful owners who were never even involved in the underlying criminal activity.

As mentioned above, the State law enforcement agencies involved in the criminal investigation will receive the proceeds of a civil forfeiture. This means that cash, cars or even homes seized during an investigation with directly benefit the law enforcement officers involved in the case. In the past decade alone, these forfeitures have resulted in in excess of $100,000,000! These proceeds go right into the pockets of local, county and state law enforcement agencies. Fighting these civil forfeitures is of the utmost importance to protecting our civil liberties.

Can Police Keep My Money?

If you were pulled-over, investigated or arrested by police, then you may be subject to a search of your person. If police uncover a large amount of cash, they may attempt to interrogate you on where the money came from. Moreover, if you are found in possession of a controlled dangerous substance like heroin, marijuana, cocaine or a prescription drug, then they may seize your cash and claim that the money was derivative contraband to your criminal conduct. If this happens, you must contest any forfeiture of your property. Even without payroll documents or receipts, the State has the burden to prove that you came by this cash or currency by unlawful means. Do not simply let the County Prosecutor or State Attorney General forfeit your money without a fight.

Can Cops Take My Parent’s Car?

Another common scenario is that involving a child or sibling driving around in the car of their family member. If that person commits an illegal act such as Drug Possession, Drug Distribution, Assault by Auto, Endangering the Welfare of a Child or Eluding, then the Police and Prosecutor may attempt to seize and file a forfeiture against your car. Depending upon the facts of the case, you may be able to claim for the immediate return of your vehicle under the “Innocent Owner” defense. For more information on car forfeiture cases in New Jersey, please contact an attorney at our office.

Contact a NJ Police Forfeiture Lawyer Today

Before you can fight a Civil Forfeiture from the County Prosecutor, New Jersey Attorney General or Federal Government, you must understand what rights you are given under law. Do not simply consent to the State’s Civil Forfeiture Complaint. Furthermore, if you property was forfeited without your knowledge, then you may still have a claim to file for the return of the property or the value thereof. Regardless of the scenario, the attorneys at Proetta, Oliver & Fay can help. Having handled multiple forfeiture cases for criminal defendants, our firm is well-versed in New Jersey’s Civil Forfeiture Process. Contact our office today for an immediate consultation with an attorney at (732) 339-3897.

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