Facing Asset Forfeiture In NJ? Contact An Asset Forfeiture Attorney
In the face of criminal charges and potential asset forfeiture, you need criminal defense lawyers who are prepared to fight for your rights tirelessly. The Law Offices of Jonathan F. Marshall provides a robust defense fueled by years of experience and an unwavering commitment to clients. Our proven track record, illustrated by our numerous accolades and recognitions, showcases our team’s ability to deliver positive results. If you’re facing these challenges in New Jersey, don’t hesitate. Your future and your assets are too valuable to risk. Reach out to an experienced asset forfeiture attorney today at (877) 534-7338 or connect with us online. Your fight is our fight.
Understanding Asset Forfeiture In A Criminal Case
Navigating the intricacies of a criminal case can be daunting, especially when it comes to understanding the possibility of asset forfeiture. The following is a brief summary of the New Jersey asset forfeiture law, aiming to simplify the legal jargon into more straightforward terms for those who might be facing charges.
What Is Asset Forfeiture?
Asset forfeiture is a legal tool that allows a federal government or state government to take possession of property (seize property) that is suspected to be involved in illegal activity. Asset forfeiture laws typically apply to property that might be the proceeds of a crime or used in the commission of a crime. The process and rules of asset forfeiture are outlined in New Jersey’s law, specifically under section 2C:64-3.
When Is Property Subject To Forfeiture?
According to the law, any property – except those explicitly deemed contraband – can be subject to forfeiture. The state can enforce this forfeiture through a civil action, which must begin within 90 days of the seizure of the property.
What Can Be Seized?
The New Jersey Code of Criminal Justice, specifically Section 2C:64-1, identifies several types of properties that can be seized or forfeited. These include:
Illegal Items
This covers controlled dangerous substances, illegally owned firearms, untaxed cigarettes or tobacco, counterfeit items, unlawfully possessed e-liquids, and more. These items are considered inherently illegal, or contraband.
Properties Used In Illegal Activities
If a property is being used, or is planned to be used, to facilitate criminal activities, it’s at risk. This could range from vehicles used in the commission of crimes, to buildings where crimes are conducted.
Integral Parts Of Criminal Activity
This involves items such as money that’s set aside for funding illegal operations, like illegal gambling.
Proceeds From Illegal Activities
Any money or property gained from criminal activities can be seized. This includes money from the sale of contraband, illegal gambling, prostitution, bribery, and extortion.
Misused Vehicles
All-terrain vehicles or dirt bikes being used unlawfully on public streets or highways can be seized, especially in areas where their operation is considered a threat to public health and safety.
When Can Seizures Happen?
The law permits the state or any law enforcement officer to seize items believed to be involved in illegal activities under two main conditions:
- If the property is contraband – essentially, if it’s obviously illegal.
- If the property poses an immediate threat to the public’s health, safety, or welfare.
Notification And Legal Proceedings
The state must notify any person known to have a property interest in the article. This notice must follow the requirements of the Rules of Court for an in rem action, which refers to a legal action against a property, rather than a person.
A person claiming ownership of the seized property must file and serve a claim in the form of an answer, following the Rules of Court. This claim must be verified, stating the claimant’s interest in the property and the reason for demanding its restitution.
What Happens If No Claim Is Filed?
If no claim is filed within the given time, the state will dispose of the property following the law as outlined in N.J.S.2C:64-6.
What If A Claim Is Filed?
If a claim is filed, the court will schedule a summary hearing as soon as possible. If either the state or the claimant requests it, the court can delay the forfeiture proceedings until the criminal case concludes.
Can The Property Be Released During The Forfeiture Action?
Yes, in some cases, a person with a property interest can secure its release during the forfeiture action. However, exceptions exist for items dangerous to public safety or items that the state can prove will likely be lost, destroyed, or used in further criminal activity. Before releasing the property, the person must post a bond equal to the item’s market value.
Use Of Seized Property For Law Enforcement Purposes
The law allows for the seized property to be used for law enforcement purposes while the forfeiture action is ongoing. This is typically subject to a court order and conditions such as the filing of a bond or a written guarantee of payment.
Appointing A Trustee
If maintaining the value of the seized property during the forfeiture action could be challenging, the court can appoint a trustee to protect all parties’ interests.
Conviction Evidence In Forfeiture Proceedings
In the forfeiture proceedings, if the seized property played a crucial role in a criminal offense for which the owner was convicted, this will be considered evidence supporting forfeiture. This does not automatically mean the property will be forfeited, but it does create a presumption that the property was used in illegal activity.
Understanding The Rights Of Owners And Others Holding Interests
NJ Statute 2C:64-5 sheds light on when assets may need to be forfeited in a criminal case and the rights of owners and others holding interests.
Protection For Lessor And Secured Parties
Under this law, forfeiture should not impact the rights of a lessor in the ordinary course of business or any person holding a perfected security interest in the property subject to seizure. This means that if you have leased or rented a property or have a valid security interest in it, your rights are generally preserved, unless it can be proven that you had knowledge of or consented to the unlawful activity that led to the asset’s forfeiture. However, the prosecuting agency involved may choose to extinguish these rights by making appropriate payments.
Conditions For Property Exemption From Forfeiture
Property seized under this chapter will not be subject to forfeiture if either of the following conditions is met:
- The prosecutor does not establish, more likely than not, that the property owner was aware of or involved in the illegal activity. In other words, if it cannot be sufficiently proven that you were connected to or had knowledge of the illegal conduct, your property should not be subject to forfeiture.
- The prosecutor establishes, more likely than not, that the owner of the property was involved in or aware of the unlawful activity. However, if you can demonstrate, also by a preponderance of the evidence, that you took all reasonable steps to prevent the prohibited use of the property by an agent, then the property should not be subject to forfeiture. It’s important to note that anyone who uses or possesses the property with the owner’s consent or knowledge is considered an agent of the owner for the purposes of this statute.
Exemption For Property Entrusted For Repairs Or Services
Property seized will not be subject to forfeiture if the property was entrusted to a person by the owner or the owner’s agent for repairs, restoration, or other services to be performed on the property. However, if the person to whom the property was entrusted uses it for unlawful purposes without the knowledge or consent of the owner, the property may still be subject to forfeiture.
Remember, it’s crucial to consult with an experienced criminal defense attorney who can provide personalized advice based on the specific details of your case. By having a thorough understanding of the law and your rights, you can better navigate the legal process and work toward protecting your assets.
Disposal Of Forfeited Property
The primary focus of Section 2C:64-6 is the disposal of property that has been forfeited due to criminal activity. According to the statute, if the forfeited property serves no lawful purpose or poses a threat to public health, safety, or welfare, it will be destroyed. However, there is an exception for all-terrain vehicles or dirt bikes operated in violation of section 17 of P.L.1973, c.307 (C.39:3C-17). In such cases, the decision to destroy the vehicle or bike is at the discretion of the entity funding the prosecuting agency involved.
For all other forfeited property, as well as any proceeds that result from a forfeiture and money seized under this chapter, they turn into property of whoever funds the prosecuting agency. The disposal, distribution, appropriation, and use of these assets must adhere to the provisions outlined in this chapter.
FAQ About Asset Forfeiture In A Criminal Case
What Is Asset Forfeiture In A Criminal Case?
Asset forfeiture is a legal process that allows the state to seize and keep property that is suspected of being involved in a crime or is the proceeds of a crime.
What Property Can Be Seized Under New Jersey’s Asset Forfeiture Law?
Any property, apart from those explicitly labeled as contraband, can be subject to forfeiture if it’s believed to be involved in illegal activity.
When Does The State Have To Start The Forfeiture Process?
The state must initiate the forfeiture process within 90 days of seizing the property.
What Happens If I Don’t File A Claim For My Seized Property?
If no claim is filed within the given time, the state has the right to dispose of your property according to the law outlined in N.J.S.2C:64-6.
How Can I Reclaim My Seized Property?
You can file a claim in the form of an answer, stating your interest in the property and why you demand its return. You should follow the Rules of Court in filing this claim.
Can I Get My Property Back While The Forfeiture Action Is Ongoing?
Yes, in some cases. Unless the property is dangerous to public safety, likely to be lost, destroyed, or used in future criminal activity, you may be able to secure its release. However, you’ll be required to post a bond equal to the item’s market value.
Can The State Use My Seized Property For Law Enforcement Purposes?
Yes, with a court order, the seized property can be used solely for law enforcement purposes pending the forfeiture action’s resolution.
What Role Does A Trustee Play In The Forfeiture Process?
If preserving the value of the seized property during the forfeiture action is challenging, the court may appoint a trustee to protect all parties’ interests involved in the action.
How Does A Conviction Affect My Chances Of Getting My Property Back?
If your seized property played a significant role in the criminal offense for which you were convicted, this is considered evidence supporting forfeiture. It creates a presumption that the property was used in illegal activity, but it doesn’t automatically mean the property will be forfeited.
Forfeiture Procedures And Contraband
In accordance with N.J.S. 2C:35-21, contraband is to be held by the State until the conclusion of the related criminal proceeding, unless otherwise specified. Following the judgment or dismissal of the case, the contraband will be forfeited to the entity responsible for funding the prosecuting agency involved. However, the rights of owners and other individuals with interests, as outlined in section 2C:64-5, must be considered before the forfeiture takes effect.
Asset Forfeiture Lawyer
When you’ve been charged with a crime and face asset forfeiture in New Jersey, you need a criminal defense law firm that combines experience, skills, and unwavering dedication to their clients. The Law Offices of Jonathan F. Marshall offers precisely that, with a collective experience of over 200 years in criminal law. Our team of 11 steadfast criminal defense attorneys, which includes seven former prosecutors, is exclusively devoted to safeguarding your rights and interests in criminal law cases. With members who’ve held directorial positions in the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division, we have the intimate knowledge necessary to go up against federal prosecutors.
In recognition of our work, multiple attorneys from our team have been selected to the National Trial Lawyers Top 100 or Top 40 Under 40. Additionally, two lawyers at our firm were recently selected for the 2021 list of Super Lawyers Rising Stars in New Jersey. One of our attorneys has even been certified by the NJ Supreme Court as a Criminal Trial Attorney, a prestigious distinction that happens to be held by less than one percent of criminal lawyers in the state. Don’t leave your fate to chance. Contact us today at (877) 534-7338 or reach out to us online regarding your asset forfeiture case.
