Civil Forfeiture in New Jersey has come under great scrutiny in recent years. Specifically, the public has become angered by the way New Jersey Prosecutors and New Jersey Police Departments have used Civil Forfeiture Laws to seize and acquire ownership over private citizens property. More shockingly, some of the property seized and forfeited belongs to innocent bystanders who had their children, siblings or friends use their property without their permission, only to then have that property taken by law enforcement. These “innocent owners” may be forced to fight the County Prosecutor’s Office in civil court for the return of their property, sometimes even having to pay to get it back! If you or a family member have been involved in a criminal investigation and suffered the seizure of your car, cash or real estate, contact a New Jersey Civil Forfeiture Attorney today.
Proetta & Oliver is a Civil Forfeiture Law Firm that represents individuals fighting criminal charges and property forfeiture proceedings throughout New Jersey. If you are the owner of a car that was taken without your knowledge and used in a criminal offense, you may be facing an uphill battle to get back your property from police. Our trial attorneys have handled thousands of cases throughout their careers, many of which involved forfeiture battles with County Prosecutor’s Offices. If you or a family member need assistance fighting the forfeiture of your property, please do not hesitate to contact our office today at 732-339-3897. The initial consultation is provided free of charge and we will gladly discuss what options may exist in your pending case.
Regardless of who owns the property involved in possible criminal activity, police have the authority under N.J.S.A. 2C:64-4 to size and retain evidence pending a criminal investigation and prosecution. However, police and law enforcement may not forfeit property that belongs to an “innocent owner”. Pursuant to N.J.S.A. 2C:64-5, owners of seized property still retain rights to that property, pending forfeiture proceedings. Specifically, New Jersey Forfeiture Law states that:
“No forfeiture under this chapter shall affect the rights of any lessor in the ordinary course of business or any person holding a perfected security interest in property subject to seizure unless it shall appear that such person had knowledge of or consented to any act or omission upon which the right of forfeiture is based. Such rights are only to the extent of interest in the seized property and at the option of the entity funding the prosecuting agency involved may be extinguished by appropriate payment.
Property seized under this chapter shall not be subject to forfeiture if the owner of the property establishes by a preponderance of the evidence that the owner was not involved in or aware of the unlawful activity and that the owner had done all that could reasonably be expected to prevent the proscribed use of the property by an agent. A person who uses or possesses property with the consent or knowledge of the owner is deemed to be the agent of the owner for purposes of this chapter.
Property seized under this chapter shall not be subject to forfeiture if the property is seized while entrusted to a person by the owner or the agent of the owner when the property has been entrusted to the person for repairs, restoration or other services to be performed on the property, and that person, without the owner’s knowledge or consent, uses the property for unlawful purposes.”
But what does this all mean? Essentially, anyone fighting a forfeiture proceeding under the color of “innocent owner” will need to demonstrate to the Court that they provided no permission nor consent to the use of their property in unlawful activity. Additionally, it must be shown that you, as the owner, did all you could reasonably be expected to do to prevent the unlawful activity with your property. Therefore, if a friend or family member where to take your car without permission and use it in criminal activity, you would be able to fight forfeiture upon a showing that you had no knowledge of the criminal intentions or that you did not provide consent.
Unlike criminal cases, the owner must demonstrate this by a preponderance of the evidence standard. Preponderance of the evidence means that it is “more likely than not that you lacked knowledge or gave consent” to the individual who committed the criminal activity with your property.
Fighting the government in a forfeiture case can seem daunting for anybody. Moreover, when you are an innocent person, you will still be forced to prove your innocence to the Court. Property forfeiture is inherently skewed in favor of State law enforcement and New Jersey Prosecutors. Do not let the government railroad you into a settlement where they get our property even though you had no involvement in the criminal activity. Contact the NJ Forfeiture Lawyers at Proetta & Oliver today for an immediate and complimentary consultation with one of our firm’s partners. Please do not hesitate to call with any questions or concerns you may have about New Jersey Property Forfeiture.