Civil forfeiture proceedings in New Jersey have been under scrutiny in recent years. Specifically, the public at-large has shown concern over how aggressive law enforcement officers have acted in seize and forfeiting citizens personal property. New Jersey County Prosecutors have reported an annual average forfeiture value in excess of $11,000,000.00! Some years, these numbers have even reached as high as $25,000,000.00 worth of civil forfeiture proceeds. Typically, these forfeitures involve personal property like automobiles, cash (currency) and real estate. What most people don’t realize is that most, if not all, of the proceeds from these forfeitures end up in the pockets of law enforcement. Considering that most law enforcement agencies already have ballooning budgets based on taxpayer’s money, it doesn’t seem right that they can continue to increase their fortunes at the expense of the public.
Proetta & Oliver is a law firm comprised of criminal attorneys that specialize in the area of civil forfeitures. We have represented thousands of clients involved in criminal cases that were subject to separate civil forfeiture proceedings based on property that as seized from them during the investigation. Even worse, some property owners are unaware that their cars or property was used in connection with criminal activity. When this happens, they may have their property seized and forfeited by the government, notwithstanding their innocence in the matter. For an immediate and complimentary consultation with one of our lawyers, please contact our office today at 732-339-3897.
Essentially, yes. Pursuant to to N.J.S.A. 2C:65-6, “property which has been forfeited shall be destroyed if it can serve no lawful purpose or it presents a danger to the public health, safety or welfare. All other forfeited property or any proceeds resulting from the forfeiture and all money seized pursuant to this chapter shall become the property of the entity funding the prosecuting agency involved.” The forfeited property and proceeds shall be used solely for law enforcement purposes, and shall be designated for the exclusive use of the law enforcement agency which contributed to the surveillance, investigation, arrest or prosecution resulting in the forfeiture. Since the law enforcement agency that was involved in the original investigation is eligible to retain the proceeds of any forfeiture, there is an inherent beneficial interest for these officers to seize as much property or alleged contraband as possible.
There are only two exceptions to this law which allows the law enforcement agency to receive the proceeds of their criminal investigations. First, is that 5% of the proceeds obtained by the Attorney General under the provisions of N.J.S.A. 2C:64-6(a) must be deposited into the Hepatitis Inoculation Fund. Second is that any weapon with present or historical military value that has been forfeited pursuant to the provisions of chapter 64 of Title 2C of the New Jersey Statutes may be donated to the National Guard Militia Museum of New Jersey at Sea Girt by the law enforcement agency retaining it.
As mentioned before, title to property forfeited in New Jersey will vest in the entity funding the prosecuting agency involved at the time the item was utilized illegally. When two agencies are involved in the surveillance, investigation, arrest or prosecution resulting in the forfeiture of a tangible piece of property like a car or automobile, then the prosecutor or the Attorney General, whichever is prosecuting the case, shall sell the property and the proceeds of the sale shall be divided with the other entity in proportion to the other entity’s contribution to the surveillance, investigation, arrest or prosecution resulting in the forfeiture, as determined in the discretion of the prosecutor or the Attorney General.
Yes. Under N.J.S.A. 2C:64-8, you may file a claim for return of your property that was seized as contraband. You must file such a claim within three (3) years of the time of seizure and you must demonstrate that you neither consented or had any knowledge of its unlawful use. If the property has been sold, the claimant receives a claim against proceeds.
New Jersey’s forfeiture laws carry a low standard of proof and have been known to be a vehicle by which prosecutors take advantage of the poor or leverage plea bargaining in criminal cases. If you or your family have been wrapped-up in a criminal investigation or served with a notice of civil forfeiture involving your automobiles, cash, jewelry or real estate, contact a New Jersey Seizure and Forfeiture Attorney today. Our firm takes great pride in our ability to zealously advocate on behalf of our clients. Do not let the government intimidate you and use its resources to impede on your constitutional rights. For a complimentary consultation today with one of our firm partners, please contact our office immediately at 732-339-3897. We are available 24/7 for your convenience.