How Does Civil Forfeiture Work in NJ?

Most people are not aware of the fact that criminal investigations can eventually result in the seizure and forfeiture of your personal property. If you or a loved on were the subject of a criminal investigation or arrested in a police investigation, you may be wondering “what happens to the property that is involved in the case?” The answer is not always clear. Depending upon on the nature of the property (prima facie contraband v. derivative contraband) and the result of the criminal charges, if any are filed), you may be forced to fight for the return of your belongings. However, before you can even begin to fight a Civil Forfeiture Complaint, you will need to know how to process works.

Proetta & Oliver is a New Jersey Criminal Defense and Civil Forfeiture Law Firm that defends the accused in their criminal and property forfeiture cases. Whether you were charged with drug distribution, gun possession, money laundering, receipt of stolen property, theft of property or certain other criminal charges, you may find that property on your person could be subject to seizure and forfeiture. Do not let the County Prosecutor or NJ Attorney General’s Office file a complaint for forfeiture of your property without at least putting up a fight. To speak with an attorney about your pending case, please contact our office immediately at 732-339-3897.

What is the Process for NJ Civil Forfeiture Cases?

The statutory guidelines for a Civil Forfeiture case is governed by N.J.S.A. 2C:64-2 and N.J.S.A. 2C:64-3. These two statutes differ because N.J.S.A. 2C:64-2 deals with the procedure for prima facie contraband while  N.J.S.A. 2C:64-3 deals with derivative contraband. Prima facie contraband are those items/property which have no lawful purpose. Typically this involves things like certain narcotics, machine guns, gambling devices or counterfeit currency.

Prima Facie Contraband Forfeiture Process

Under N.J.S.A. 2C:64-2, prima facie contraband must be retained by the State until entry of judgment or dismissal of the criminal proceeding, if any, arising out of the seizure. Once the criminal charges, if any, are resolved (either through plea or trial), prima facie contraband shall be forfeited to the entity funding the prosecuting agency involved, subject to the rights of owners and others holding interests pursuant to section N.J.S.A. 2C:64-5. Under N.J.S.A. 2C:64-5, “Innocent Owners” may be able to retrieve prima facie contraband under certain circumstances. For more information on this process, please contact our office.

Derivative Contraband Forfeiture Process

Whenever property other than prima facie contraband is subject to forfeiture, the State Agency must follow the guidelines under N.J.S.A. 2C:64-3. Pursuant to N.J.S.A. 2C:64-3:

• Forfeiture shall be instituted within 90 days of the seizure and commenced by the State and against the property sought to be forfeited.
• The complaint shall be verified on oath or affirmation. It shall describe with reasonable particularity the property that is the subject matter of the action and shall contain allegations setting forth the reason or reasons the article sought to be or which has been seized is contraband.
• Notice of the action shall be given to any person known to have a property interest in the article. In addition, the notice requirements of the Rules of Court for an in rem action shall be followed.
• The claimant of the property that is the subject of an action under this chapter shall file and serve his claim in the form of an answer in accordance with the Rules of Court. The answer shall be verified on oath or affirmation, and shall state the interest in the property by virtue of which the claimant demands its restitution and the right to defend the action. If the claim is made in behalf of the person entitled to possession by an agent, bailee or attorney, it shall state that he is duly authorized to make the claim.
• If no answer is filed and served within the applicable time, the property seized shall be disposed of pursuant to N.J.S.A. 2C:64-6.
• If an answer is filed, the Superior or county district court shall set the matter down for a summary hearing as soon as practicable. Upon application of the State or claimant, if he be a defendant in a criminal proceeding arising out of the seizure, the Superior or county district court may stay proceedings in the forfeiture action until the criminal proceedings have been concluded by an entry of final judgment.
• Any person with a property interest in the seized property, other than a defendant who is being prosecuted in connection with the seizure of property may secure its release pending the forfeiture action unless the article is dangerous to the public health, safety and welfare or the State can demonstrate that the property will probably be lost or destroyed if released or employed in subsequent criminal activity. Any person with such a property interest other than a defendant who is being prosecuted, prior to the release of said property shall post a bond with the court in the amount of the market value of the seized item.
• The prosecuting agency with approval of the entity funding such agency, or any other entity, with the approval of the prosecuting agency, where the other entity’s law enforcement agency participated in the surveillance, investigation or arrest which is the subject of the forfeiture action, may apply to the Superior Court for an order permitting use of seized property, pending the disposition of the forfeiture action provided, however, that such property shall be used solely for law enforcement purposes. Approval shall be liberally granted but shall be conditioned upon the filing of a bond in an amount equal to the market value of the item seized or a written guarantee of payment for property which may be subject to return, replacement or compensation as to reasonable value in the event that the forfeiture is refused or only partial extinguishment of property rights is ordered by the court.
• If the property is of such nature that substantial difficulty may result in preserving its value during the pendency of the forfeiture action, the Superior or county district court may appoint a trustee to protect the interests of all parties involved in the action.
• Evidence of a conviction of a criminal offense in which seized property was either used or provided an integral part of the State’s proofs in the prosecution shall be considered in the forfeiture proceeding as creating a rebuttable presumption that the property was utilized in furtherance of an unlawful activity.

NJ Attorneys Who Fight Civil Forfeiture Complaints

The process for Civil Forfeiture in New Jersey, under N.J.S.A. 2C:64-3, is only the beginning. Assuming the State complies the the requirements and you respond with an Answer, a formal hearing before a Civil Judge must commence. These hearings will involve testimony, evidence and possible motions. It is important that you fully understand New Jersey Court Rules and New Jersey Rules of Evidence before you begin your case. If you or a loved one would like to consult with firm partner, William Fay, Esq., about your pending criminal or forfeiture case, please contact our office today at 732-339-3897. We can be reached 24/7 for your convenience and will help explain the forfeiture process to you and your family.