In New Jersey, Law Enforcement Officers can seize and retain certain property the is discovered in the course of an investigation. In determining what property may be seized, law enforcement agents must make a determination as to whether the property qualifies as “prima facie contraband” or “derivative contraband.” The procedure for seizure and forfeiture of these two types of property is different and it is important to understand this difference when dealing with these cases. If you or a loved one are facing a forfeiture proceeding of property that was involved in a criminal offense or a domestic dispute, it is important to contact an experienced Forfeiture Lawyer. Proetta & Oliver is a New Jersey law firm that specializes in the areas of criminal defense and civil forfeiture. If your property was seized by the New Jersey State Police, County Sheriff’s Officers, Local Law Enforcement or Federal Authorities, please do not hesitate to contact our office. Firm partner and former New Jersey Deputy Attorney General, William C. Fay, IV, Esq., is well-versed in the areas of criminal law and property forfeiture. If you would like to speak with Mr. Fay about your legal matter, please do not hesitate to call our firm at 732-339-3897. We can be reached at all hours of the day for your convenience and the initial consultation is provided free of cost.
The phrase “prima facie contraband” is not defined under N.J.S.A. 2C:64-1. However, N.J.S.A. 2C:64-1 states the following:
“Any interest in the following shall be subject to forfeiture and not property right shall exist in them:
While these items under N.J.S.A. 2C:64-1(a)(1) may seem to be an exhaustive list of prima facie contraband, not all of these items always qualify as such. Specifically, some Controlled Dangerous Substances (CDS) may not be lawfully possessed, but some may be legal if possessed with a prescription. Additionally, some weapons are illegal per se, while the legality of others turns on the circumstance or purpose of the possession. Therefore, the terminology “prima facie contraband” is inevitably fact-specific and requires a careful review of each respective case.
No. In general, absent a dispute over its status, seized property that is prima facie contraband is forfeited on entry of judgment of conviction or dismissal. However, the State also has a duty to retain what it believes to be contraband until there is a determination that it is not contraband, pursuant to Gurski v. State Police Dept., 242 N.J.S Super. 148, 163 (App. Div. 1990). Typically, illegal contraband will be seized and subsequently forfeited, unless a private citizen files a motion to determination of the property’s “status.” Specifically, seized property that the State claims is prima facie contraband will not be returned unless a motion for a hearing is requested to determine that status of the property as either contraband or not contraband. At this hearing, the State has the Burden of Proof to show that the property was contraband, pursuant to Gurski v. State Police Dept.
Local and State Law Enforcement Officers constantly used their broad seizure powers to confiscate personal and private property. However, in those instances where the “property” is obviously illegal contraband, then the process of getting it returned can be difficult. When the police uncover things like marijuana, heroin, syringes, cocaine, methamphetamine, handguns, shotguns, assault rifles or counterfeiting devices, you can expect a seizure and forfeiture to occur. Whether you were arrested and charged criminally or if you were released without any charges, it is important that you fight any civil forfeiture filed by the County Prosecutor’s Office. Proetta & Oliver is a criminal defense and civil forfeiture law firm that represents individuals throughout New Jersey. If you had your property seized by authorities in Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County or Warren County, contact our offices today. We will gladly consult with you and your family regarding the pending criminal and forfeiture proceedings facing you and express what kind of assistance we can provide. For an immediate and complimentary consultation with our firm, please do not hesitate to call 732-339-3897. We can be reached 24/7 for your convenience.