In New Jersey, forfeiture statutes are not favored and consequently are strictly construed. In recent years, case law has being very restrictive of the laws on forfeiture proceedings. For this reason, the laws were amended to maintain their constitutionality. Specifically, to avoid any constitutional violations for unlawful taking of property without just compensation, N.J.S.A. 2C:64-1 has been construed to exclude innocent owners who neither consented to nor knew of the illegal use of their property and who did all that could reasonably be expected to prevent that use. This was the ruling held in the New Jersey Supreme Court Case State v. 1979 Pontiac Trans Am, Color Grey. Presently, New Jersey Courts have been resistant to rule against our current forfeiture laws. Nevertheless, if you are facing a civil forfeiture complaint, you should contact an experienced forfeiture lawyer to learn what can be done to fight these allegations.
Proetta & Oliver is a New Jersey Property Forfeiture law firm that represent criminal defendants and civilians facing Civil Forfeiture complaints. If you or a family member have received a civil complaint from the Prosecutor’s Office or Attorney General’s Officer, please contact our office today. Depending upon the circumstances of your case, you may be able to successfully fight these allegations and avoid the forfeiture of your car, cash or real estate. To speak with firm Partner and former New Jersey Deputy Attorney General, William C. Fay, IV, Esq., please contact our office at 732-339-3897. The initial case evaluation is provided free of charge and we will help you fight against the State’s application for seizure and forfeiture of your personal property.
No. Pursuant to U.S. v. Usery, 518 U.S. 267 (1996), forfeitures are not unconstitutional as double jeopardy violations. Outside of civil forfeiture cases, courts and prosecutors can also require forfeiture of employment. Often times, criminal charges involve mandatory “forfeiture” of public office. Forfeiture of public office under N.J.S.A. 2C:51-2 does not raise a double jeopardy problem. In Ayars v. New Jersey Dept. of Corr., forfeiture of public office is not a penalty but a remedy intended to assure that public affairs are conducted by persons untouched by the stigma of crime. Additionally, New Jersey Courts have ruled that forfeiture of office is not a separate penalty.
This case was a seminal case in the Constitutionality of New Jersey forfeiture law presumptions. In this case, the defendant, James Baker, sought the return of his cash/currency in the amount of $2,293.00. The complaint alleged that the monies, along with eighty-five glassine envelopes of suspected heroin and other drug paraphernalia, were seized on January 22, 2009, during the execution of a search warrant by the Elizabeth Police Department. Baker filed an answer in which he alleged that the State actually seized “approximately $2,800,” which was money “he receive[d] from side work with his friend[s],” and he further denied that drugs were ever sold from his house or car, the locations for which the search warrant had been issued. At the trial level, the judge ruled that “if you are arrested and you have money on you. . . . then that money comes from a drug deal.” Based on this presumption, the judge ruled in favor of the State’s forfeiture motion. On appeal, the Appellate Division held that this “presumption” was an incorrect statement of law. At trial, the State is required to prove the prerequisites that permit the presumption to be found in the first instance. Moreover, like any other presumption, it may be rebutted by other evidence adduced from whatever source, be it proof adduced by the State or by the defendant, himself.
In some circumstances a forfeiture may constitute an excessive fine prohibited by the Constitution. For a more specific analysis and explanation of how this may apply to your case, please contact our office as it requires a case-by-case assessment.
Our law firm has represented thousands of clients facing criminal and forfeiture cases throughout New Jersey. If you would like an immediate and complimentary consultation with a NJ Forfeiture Lawyer, please contact our office today at 732-339-3897.