How Long Do You Have to Fight Asset Forfeiture in NJ?

If they can find grounds to take it, they will. Asset forfeiture funds the Department of Justice. In fact, there’s a division of federal prosecutors assigned to ensure the government seizes any asset even remotely linked to the criminal activity or alleged ill-gotten gains.

Both federal and state law enforcement officials in New Jersey will attempt to seize high-value assets from you and your family, but you can have grounds to contest the forfeiture. Immediately contact dedicated NJ asset forfeiture defense attorney Peter Katz at (609) 849-3179 or online to protect your property from an unlawful seizure.

New Jersey State Asset Forfeiture Contesting Deadlines

Under N.J.S.A. 2C:64-1, the state may lawfully seize any interest residents have in the following contraband or property:

• Drugs
• Unlawfully owned firearms
• Illegal gambling devices
• All property used in furtherance of unlawful activities (civil or criminal)
• Money from illegal activities

The broad nature of this statute essentially allows law enforcement officials to seize and request forfeiture of any property linked to a crime or its proceeds. This might include your home, vehicles, jewelry, and even furniture. After the initial seizure, the state has 90 days to file a civil lawsuit to defend the seizure and request forfeiture. You generally have 35 days to file an answer to the complaint once received, and maintain the right to appeal any forfeiture order.

Responding to Proposed Asset Forfeiture Orders in New Jersey Federal Court

If you’ve had your assets seized by federal law enforcement officials such as the FBI or DEA, you must contest the seizure in federal court. You generally have at least 35 days from the seizure notice date to challenge the taking, but the notice may give you additional time, (18 U.S.C. § 983(a)).

Criminal asset forfeitures are generally handled as part of your criminal case. You can continue contesting the forfeiture throughout criminal proceedings and typically have 30 days from the conviction date to contest the seizure. However, most criminal forfeiture orders are entered as part of your conviction. Contesting these forfeitures requires help from a federal criminal appeals attorney.

Defenses to NJ Asset Seizures

It’s not uncommon for law enforcement officials to seize marital property or mistakenly take another household member’s assets during seizures. However, you still need to contest the taking in such cases. An experienced asset forfeiture defense lawyer in New Jersey can help both the accused and third parties recover unlawfully seized property.

Dedicated criminal defense litigators can also ‘break the chain’ of ill-gotten gains by proving that you purchased the asset using lawfully obtained funds. Defeating the underlying criminal charges against you or negotiating a fair forfeiture during plea negotiations are also viable ways to defeat or mitigate NJ asset forfeiture orders.

New Jersey Asset Forfeiture Defense Lawyer

If you want to contest a civil or criminal asset forfeiture order, you need experienced NJ property forfeiture defense and appeals lawyer Peter Katz. Letting the government have your assets will not help your criminal case and may even harm your family. Confidentially call (609) 849-3179 or connect with his New Jersey criminal defense team online to protect yourself from overzealous forfeiture orders.