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Schedule free Consultation Call Us (732) 339-3897Individuals who have been charged criminally, involved in a criminal investigation or owned property that was used in furtherance of a criminal offense may be surprised to learn that their property could be seized and forfeited by the State. In New Jersey, the process by which the State takes control of your property is known as Forfeiture Proceedings. If you or a family member were arrested from Drug Possession, Drug Distribution, Money Laundering, Leader of a Drug Trafficking Network, Drug Manufacturing, Endangering the Welfare of a Child, Unlawful Possession of a Weapon, Possession of a Weapon for an Unlawful Purpose or any other criminal offense that resulted in the seizure of your property, it is important that you contact a New Jersey Forfeiture Lawyer. These cases could result in the forfeiture of cars, cash, weapons or even your home. It is crucial that you fight back and not let the State take property that lawfully belongs to you or your family.
Proetta & Oliver is a law firm that specializes in Criminal Defense and Forfeiture Hearings. Our attorneys have represented countless clients forced to deal with criminal charges and forfeiture proceedings simultaneously. We understand that complexities involved in Civil Forfeitures and the established case law the could be used to your benefit. Firm Partner, William C. Fay, IV, Esq., is a former New Jersey Deputy Attorney General who heads the Forfeiture Practice Group at Proetta & Oliver. With years of experience handling a variety of cases throughout New Jersey, Mr. Fay is well-suited to represent you or your family members in their legal matters. If you or your family member would like a consultation with Mr. Fay, please do not hesitate to contact our office today at. We can be reached 24/7 for your convenience.
In New Jersey, Civil Forfeiture laws are established under N.J.S.A. 2C:64-1, et seq. Most commonly, Civil Forfeiture actions are instituted by the County Prosecutor’s Office or State Attorney General’s Office. Typically, individuals who are involved in a criminal investigation or arrest will have their property seized by the local or state police officers involved. If the State believes that the property seized during the investigation/arrest is subject to forfeiture, then the State will move to forfeit this property under N.J.S.A. 2C:64-4 with the Superior Court. For more information on the process and specifics of New Jersey’s Civil Forfeiture Laws, please read the information provided on the following pages:
Under New Jersey’s Civil Forfeiture statute, there are two kinds of forfeiture: (1) Forfeiture of prima facie contraband and (2) Forfeiture of derivative contraband. Prima facie contraband generally refers to things like controlled dangerous substances (drugs), unlawfully possessed firearms, illegal gambling devices, Alternatively, derivative contraband refers to property that may normally be legal to possess (cars, guns, cash, etc.) but is subject to forfeiture it was used in furtherance of criminal activity or derived from the proceeds of unlawful activity. When dealing with derivative contraband, it is imperative that you fully understand what Courts will look to in determining if there is a causal connection between your property and illegal activity. For more information on this, please contact one of our attorneys today.
Yes. Under, N.J.S.A. 2C:64-4, the State may seize and forfeit your property that is evidence in a pending criminal action. However, N.J.S.A. 2C:64-1 states that even when no criminal proceeding is instituted, a court of competent jurisdiction may still move to file for a seizure and forfeiture. When this happens, the State will bear the burden of establishing that illegal activity existed or was planned and that your property is connected to that activity. In contested matters like these, it is of critical importance that the owner of property have documentation and evidence in support of their claim that the property was not involved in any criminal activity. Otherwise, the State will move to take title and ownership of your car, cash, gun or other property.
First and Foremost, it is of critical importance that you respond in a timely manner to any forfeiture filed against you or your family member. Failure to respond in a timely fashion will allow for a Default Judgment being entered in favor of the State. To begin any fight against a forfeiture proceeding you will need to file an Answer to the State’s Complaint. Essentially, the State will try to prove that the property was involved in unlawful activity and you must show that this was not the case. In cases where your property was being used by a family member or friend and then subsequently seized due to criminal activity, we can still get your property back. In this scenario, to defeat the State’s case we must establish by a preponderance of the evidence that you, the owner, were not involved in or aware of the unlawful activity and that you had done all you reasonably could to prevent the proscribed use of the property. For more information on how to fight a Civil Forfeiture in New Jersey, please contact our office.
If you or a loved one were arrested and charged with a criminal offense that resulted in the forfeiture of your property, you should contact and experienced New Jersey Forfeiture Attorney. These proceedings will be handled differently than a criminal case and require formal Complaints and Answers be filed. In the event that a beneficial resolution cannot be obtained, your matter may need to proceed to a formal Forfeiture Hearing. Having a lawyer who understands Civil Forfeiture laws in New Jersey can be incredibly beneficial in your case. Proetta & Oliver is a New Jersey law firm that specializes in criminal and forfeiture law. If you have received a Forfeiture Complaint, please contact one of our offices today at 732-339-3897. Our representatives can be reached day and night for your convenience and we will provide your with an initial consultation, free of cost. With a lot on the line, it is in your best interests to consult with an attorney today and find out what can be done to protect your property against State Forfeiture Proceedings. Please do not hesitate to call with any questions or concerns.
If you want a courteous, knowledgeable, trustworthy and always available for you lawyer then Will is the man for the job. He was able to answer every question about my ticket with great knowledge and knew exactly how to approach it which lead me to no points and a very minimal fine. Highly recommended.