Can a Lawyer Help Recover Seized Property in New Jersey?

Yes, hiring an experienced federal criminal defense lawyer is often the only way to recover even unlawfully seized property. It’s also necessary if law enforcement officials take your property during criminal proceedings or in anticipation of filing federal charges.

Increase your chances of recovering seized property in New Jersey with help from experienced defense lawyer Peter Katz. Whether you’ve been charged with a federal crime or are an innocent owner caught in forfeiture proceedings, confidentially contact his property rights defense team immediately online or at (609) 849-3179.

Understanding Federal Asset Seizure Laws

The Fourth Amendment protects New Jersey residents from unreasonable seizures, but it does not prohibit federal law enforcement officials from seizing property allegedly used in or derived from criminal activities. This includes the right to seize property purchased with ill-gotten gains, such as proceeds from drug dealing, from innocent third parties. Federal law permits the following three types of asset seizures:

Criminal Forfeiture

Federal criminal indictments will generally include a notice of intent to go after your property and sell the same upon conviction. Criminal forfeiture actions only impact the defendant, but law enforcement may trace criminal proceeds to a third party and file a civil forfeiture action. Working with a dedicated federal criminal defense lawyer to defeat the charges, challenge overzealous property seizures, or negotiate a favorable plea deal is often the only way to recover seized assets in New Jersey.

Civil Judicial Forfeiture

If you haven’t been charged with a crime, federal prosecutors may still file an action against the property. This includes the following:

• Firearms
• Homes
• Land
• Vehicles
• Jewelry
• Bank accounts
• Stocks and bonds
• Cash assets

Innocent owners must challenge property seizures in federal court, as the government can take your interest in any property linked to criminal activities or purchased with the proceeds of those activities. However, prosecutors have the burden of proving that the offender committed the underlying offense and linking the property to that offense. Working with an experienced federal civil asset forfeiture defense lawyer in such cases greatly increases your chances of recovering seized property.

Administrative Forfeiture

The government may initiate administrative forfeiture proceedings outside of the federal court system if it does not believe anyone will contest the seizure. If you received an administrative forfeiture notice in New Jersey, immediately contact an attorney to protect your property rights.

Defenses to NJ Federal Asset Forfeiture Lawsuits

Defeating the underlying criminal charges is often the best defense to criminal forfeiture attempts, but experienced attorneys can also negotiate more favorable forfeiture orders during plea negotiations. Defending against civil forfeiture lawsuits usually means breaking the link between the property and criminal activity, such as proving a vehicle was purchased with lawfully obtained funds, or triggering the ‘innocent owner defense’ under 18 U.S.C. § 983.

Federal Civil and Criminal Asset Forfeiture Defense Attorney for New Jersey

Increase your chances of recovering seized property in New Jersey with experienced NJ asset forfeiture defense lawyer Peter Katz. Whether you’ve been indicted on federal criminal charges or unexpectedly received a forfeiture notice, confidentially call (609) 849-3179 or connect with his legal team online immediately.