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Schedule free Consultation Call Us (732) 339-3897National oversight agencies have consistently graded New Jersey as one of the worst States in regards to its civil forfeiture laws. Not only is there an incredibly low burden for the State’s “Standard of Proof”, Innocent Owners actually face the burden of proof to have their property returned by the courts. In New Jersey, one of the most commonly seized items is the automobile. Typically, Officers will seize your motor vehicle if they have a reason to believe that that it was involved in the facilitation of a criminal offense. If you or a family member were arrested and charged with a criminal offense that involved your car, then you may be subject to New Jersey’s strict forfeiture laws. For an immediate and complimentary consultation with a New Jersey Forfeiture Lawyer today, please contact our office at 732.339.3897. We can be reached day and night for your convenience, please do not hesitate to reach out with any questions or concerns.
Yes. There are two types of property in forfeiture cases: (1) prima facie contraband and (2) derivative contraband. In cases involving the forfeiture of a motor vehicle, it is typically handled as “derivative contraband”. But what does derivative contraband mean? Under New Jersey forfeiture law, derivative contraband is property that is not per se illegal on its face, but instead is being utilized to facilitate or in furtherance of criminal activity. Therefore, if you are caught driving around in an automobile distributing drugs like heroin, cocaine, methamphetamine, marijuana, etc., then you will not only be arrested but the car may be seized and forfeited by police. Moreover, even if the criminal charges against you are dismissed, State Prosecutors may still move to forfeit your automobile under the less strict forfeiture laws!
Pursuant to State v. Seven Thousand Dollars and State v. $2,293 in U.S. Currency, the prosecuting agency only needs to demonstrate the the car being forfeit was contraband by a preponderance of the evidence. This means that if the judge believes that it is “more likely than not” that your car was used in furtherance of criminal activity, then he or she may order that the car be subject to forfeiture.
Under N.J.S.A. 2C:64-5(b), the State will not succeed in a forfeiture hearing if the Court determines that the owner of the property involved was unaware of the intended use for criminal activity. This is known as the “Innocent Owner” defense. However, this is an affirmative defense that requires proof be demonstrated by the owner of the automobile that they had no actual knowledge nor ignorance of fact that their car was going to be used to facilitate criminal activity. For more information on this defense and if it applies to your case, please contact our office.
Law enforcement enjoys a hefty financial incentive to seize. Pursuant to N.J.S.A. 64-6, local law enforcement agencies are permitted retain 100 percent of the proceeds from the forfeiture. In the forfeiture process involves physical property instead of cash, the proceeds will be derived from the price obtained at a Sheriff’s Sale. This means that whatever value is obtained from the sale of your car will go directly into the pockets of the arresting department.
Unfortunately, New Jersey has not established any concrete tracking or reporting requirements whereby the public can become aware of the scope and frequency with which law enforcement use civil forfeiture proceedings. However, under the Open Public Record Act, (OPRA), we know that over a recent five year time period, law enforcement agencies successfully forfeited over 72 million dollars worth of property and cash from individuals. Moreover, these statistics are only based on the county level and do not involve forfeited property by the state agencies like the New Jersey Attorney General’s Office. One thing is clear, there is an obvious incentive for law enforcement agencies to seize and forfeit your property. If you or a loved one were involved in a criminal investigation and were subject to seizure and forfeiture of your cash, car, guns or real estate, contact the forfeiture attorneys at Proetta & Oliver today at 732-339-3897. Firm Partner, William C. Fay, Esq., is a former New Jersey Deputy Attorney General with experience handling these types of criminal and forfeiture matters. Please do not hesitate to call today with any questions or concerns.