If you have ever been involved in a criminal investigation, you may have been victim to a police seizure. If you were in possession of drugs, guns or some other contraband, then the police officer may have taken control of the contraband as evidence in their investigation and criminal charges. However, when the property seized was not patently illegal contraband nor tied to a criminal activity, the State must move for Civil Forfeiture of the property. This process of civil forfeiture typically occurs after the criminal charges, if any, have been resolved. Most importantly, forfeiture hearings are held to a much lower standard then criminal charges. For the State to succeed on their motion, they only need to prove their case by a preponderance of the evidence and not beyond a reasonable doubt. For a more in-depth conversation on what qualifies as a preponderance of the evidence, please read the information provided below.
If you or a loved one are facing criminal charges or were subject to a civil forfeiture in New Jersey, contact an experienced NJ Forfeiture Lawyer at Proetta & Oliver. With offices throughout New Jersey, our firm is prepared to represent any individual dealing with criminal and forfeiture issues. If you would like to speak with one of our criminal forfeiture attorneys today, please contact our office directly at 732-339-3897. The initial consultation is provided at no cost to you and we will help explain what we can do to assist you in your pending criminal or civil matter.
New Jersey’s Forfeiture process is handled by the Civil and Special Civil Divisions. Therefore, while the underlying act may have led to criminal charges, the actual process of filing for forfeiture will occur in the civil context. The Civil Division has a different standard than the Criminal Division. Specifically, a Forfeiture case with the Civil Division or Special Civil Division will be held to the “Preponderance of the Evidence Standard.” But what does this mean? Well, this means is that the jury or judge must be convinced your version of events is more likely to be true than not. This does not mean that you must present more evidence but instead must present more persuasive evidence. This evidence can be in the form of documents, exhibits, text messages, personal testimony or even expert witnesses. This is why it is important that you retain an experienced and persuasive trial attorney for your forfeiture hearing. You must find a lawyer who can tip the scale of persuasion just slightly in your favor to win your case. The best way to describe how to satisfy the preponderance of the evidence standard is to think of the scales of justice, all you need is to tip those scales slightly in your favor to accomplish the standard. Unlike “beyond a reasonable doubt”, you do not need to disprove every possible scenario or doubt that may exist in the judges or juries minds.
One thing that you must also understand about the “preponderance of the evidence” standard is that it is based on a subjective decision in the hearts and minds of judges/jurors. They will absorb the testimony and evidence presented and make a determination as to what argument was most persuasive. Therefore, even in a situation where the facts on are your side, you are still liable to lose if a judge or jury find the State’s Attorney to be more persuasive or honest. This is the reason why it is so important to have an experienced and knowledgeable New Jersey Forfeiture Attorney by your side.
Lawyers spend their careers learning and developing their trial skills and techniques. Trying to learn how to fight a seizure and forfeiture of your personal property with little or no experience can be difficult, if not impossible. You will be facing an experienced Assistant County Prosecutor or Deputy Attorney General at your civil forfeiture hearing. Beyond understanding what standard you must satisfy to win your case, you will also be expected to know the Rules of Evidence and court procedures. With all of these things in mind, it is to your benefit to consult with an experienced Property Forfeiture Lawyer before moving forward in your case. Proetta & Oliver is a NJ Law Firm that specializes in Criminal and Forfeiture cases. Firm Partner, William C. Fay, Esq., is a former Deputy Attorney General with a plethora of legal experience. If you would like to speak with Mr. Fay today about your pending forfeiture hearing, please do not hesitate to contact our office at 732-339-3897.