West Palm Beach Forfeiture and Seizure Attorney David W. Olson
Under Florida and federal asset forfeiture laws, the government may seize property and money that is believed to have been obtained as a result of involvement in criminal activities. It is crucial for you to understand that you have the right to challenge the government’s seizure of your property. Forfeiture and seizure laws are complex and it is highly recommended to retain an experienced and qualified attorney to vigorously protect your legal rights and property.
Attorney David W. Olson has been practicing law for 33 years and received the prestigious Martindale Hubbell AV Preeminent Peer Rating – a perfect 5.0 out of a possible 5.0 – for ethical standards and legal ability. Attorney Olson is available for a free case review to discuss your asset forfeiture.
The Florida Contraband Forfeiture Act
Florida’s forfeiture laws are detailed in Sections 932.701 – 932.706, Fla. Stats., and pertain to the Florida Contraband Forfeiture Act.
What Type of Property May Be Seized?
Basically, any type of contraband may be seized, including, but not limited to:
- Cars, boats, aircraft
- All personal and real property
- Cash, bank accounts, overseas accounts, etc.
- Jewelry, precious gems, art collections, etc.
Adversarial Preliminary Hearing
The Act provides the seized property owner:
- “…a right to an adversarial preliminary hearing after the seizure to determine whether probable cause exists to believe that such property has been or is being used in violation of the… Act.” Sec. 932.703(2)(a).
A request for an adversarial preliminary hearing must be filed within 15 days of receipt of the seizure notice. If your property was seized, it is crucial to request the hearing in a timely manner or to ask your attorney to request it for you.
- If a hearing is not requested, the government will maintain ownership of seized property
Challenging the Seizure
At the adversarial preliminary hearing, probable cause issues will be addressed in order to ascertain whether the government legally seized the property and whether or not the property is actually contraband. The burden is on the government to prove its case. It is essential to retain an attorney who is experienced in forfeiture and seizure laws and who has an exceptional understanding of probable cause issues. Attorney Olson will vigorously challenge the government’s case against you.
Defenses to Forfeiture
- Lack of probable cause will challenge the government’s right to seizure
- By statute, the rights of innocent property owners and lienholders are protected
- Overreaching and excessiveness may be grounds for a challenge
The Law Offices of David W. Olson
Property forfeiture and seizure laws are complex and demand the legal skills of an experienced forfeitures attorney. Over the past 33 years, Attorney David Olson has represented thousands of clients for a wide variety of criminal offenses, including Florida and federal forfeitures and seizures.
Attorney Olson represents clients in West Palm Beach, Palm Beach County, Fort Lauderdale, Broward County, Miami-Dade County, Boca Raton, Deerfield Beach and elsewhere throughout the state. For a free case review, call The Law Offices of David W. Olson at 561-833-8866.
Source
Florida Statutes, Sections 932.701-932.706
