Compliance with statutory time requirements can be crucial to your Civil Forfeiture case. Failure to file a timely response can result in a Default Judgement in favor of the State. Moreover, even those individuals who are “innocent” of the underlying criminal activities will be under a duty to file for the return of their property within three (3) years of the initial seizure. In either scenario, it is important that you or your family members take the necessary steps to fight your criminal or civil forfeiture complaint. For more information, please contact an experienced Civil Forfeiture Lawyer today.
Proetta & Oliver is a New Jersey Property Forfeiture law firm that represents defendants facing criminal charges or civil forfeiture matters. Firm Partner, William C. Fay, Esq., is a former New Jersey Deputy Attorney General who has handled countless cases as both a State Attorney and Private Attorney. If you would like to consult with Mr. Fay regarding your pending legal matter, please do not hesitate to contact our office today for an immediate consultation with an attorney today. Please do not hesitate to contact our office with any questions or concerns.
It depends. Typically, when the property is prima facie contraband and is part of the evidence in a criminal proceeding, the State is not required to file for any property forfeiture complaint until the criminal case has been completed. However, when the property is not prima facie contraband, then N.J.S.A. 2C:64-3 states that the civil action must be commenced by the State within 90 days of the seizure. Unfortunately, this 90-day time frame is not uniformly followed by courts. Based on the case State v. One 1986 Subaru, the time period for filing the action should not be dismissed on the basis of a short delay unless the claimant is prejudiced by the delay. Nevertheless, it is important to challenge the State in any forfeiture action and use court motions, like a replevin action, to re-obtain your property.
So long as you are not the defendant in a criminal case involving the subject property, then yes. However, any person seeking such relief must demonstrate three (3) things:
The prosecutor will likely contest any motion for the return of your property pending a forfeiture action. Even if you are successful in proving your case, the Court will still require that you post a bond with the Court in the amount of the market value of the seized property.
If you are an “innocent owner” who was subject to seizure and forfeiture of your property based on the criminal actions of another person, you have three (3) years from the date of seizure to file a claim for the return of your property. However, there are certain standards that must be met. Specifically, N.J.S.A. 2C:64-8 mandates that “any person who could not with due diligence have discovered that property which he owns was seized as contraband may file a claim for its return or the value thereof at the time of seizure within 3 years of the seizure if he can demonstrate that he did not consent to, and had no knowledge of its unlawful use. If the property has been sold, the claimant receives a claim against proceeds.” Essentially, this means that you must not have sat on your hands and ignored the forfeiture for those three (3) years following the seizure. Additionally, you must demonstrate that the seized property was used unlawfully without your knowledge of the intended use. If you can prove these facts and you satisfy the statute of limitations, then you may be able to successfully fight the civil forfeiture.
In all other scenarios, failure to respond to the prosecutor’s Forfeiture Complaint or Motion for Default Judgement will result in the forfeiture of your property. Unless you have alternative grounds for an appeal or a Motion to Vacate the Default Judgement, this will effectively be the end of your rights to challenge the case. Typically, the only valid grounds for such an appeal or motion to vacate involve “insufficient notice” claims.
Fighting a Civil Forfeiture Complaint from the County Prosecutor’s Office or New Jersey Attorney General’s Office is not always simple. These cases tend to be very fact-specific. Moreover, most prosecutors try to use ancillary criminal cases as a way to leverage your consent to the forfeiture of your property, even when the property had no “direct causal link” to criminal activity. If you or a loved one have been arrested and charged with a criminal offense that resulted in the forfeiture of your guns, cash, cars or real estate, please do not hesitate to contact the New Jersey Civil Forfeiture Attorneys at Proetta & Oliver. Even if a Default Judgement was entered against you, our firm may still be able to vacate the Court’s ruling and reopen your case.
With offices located throughout New Jersey, our office is well-positioned to handle any criminal or property forfeiture matter that you are facing. Do not sit by idle while the government attempts to seize and forfeit your property. If they succeeds, then they will obtain ownership of your cash, cars or real estate property. Please do not hesitate to contact our office to find out what representation we can offer to fight your Criminal Charges or Civil Forfeiture case.