Pasco County Asset Forfeiture Defense Lawyer
When you face allegations of criminal activity, the stakes are high—not only for your freedom but also for your personal and financial assets. Asset forfeiture laws allow the government to seize property it claims is connected to criminal conduct, often before any conviction. If you are dealing with asset forfeiture in the Tampa Bay area, it’s crucial to act quickly to protect your rights. At Athanaselos & Associates, P.A., our Pasco County asset forfeiture defense lawyer provides aggressive defense against unlawful or overzealous asset seizures, ensuring you have the legal representation necessary to challenge these actions.
What Is Asset Forfeiture?
Asset forfeiture is a legal process that allows law enforcement to confiscate property tied to alleged criminal activity. This property can include cash, vehicles, boats, real estate, bank accounts, and other valuable items such as jewelry or electronics.
There are two primary types of asset forfeiture in Florida: civil forfeiture and criminal forfeiture. Civil forfeiture allows the government to seize property without charging the owner with a crime. Instead, the property itself is accused of being involved in illegal activity. Criminal forfeiture, in contrast, occurs after a criminal conviction and requires proof that the property was used in or obtained through unlawful means.
The Asset Forfeiture Process in Florida
In Florida, asset forfeiture laws are governed by the Florida Contraband Forfeiture Act (Fla. Stat. § 932.701-706). Law enforcement agencies may seize property if they believe it was used in connection with criminal activities, such as drug trafficking, money laundering, or fraud. Once the property is seized, the agency must notify the property owner and file a forfeiture complaint with the court. Next, a court will determine if law enforcement had probable cause for the seizure. This step is critical in challenging the government’s claims. If the judge decides probable cause exists, the case proceeds to litigation, or the parties may reach a settlement.
The burden of proof rests on the government to demonstrate a connection between the property and criminal activity. However, in civil forfeiture cases, the standard of proof is lower than in criminal trials, making it easier for the government to take your property.
Common Defenses to Asset Forfeiture
At Athanaselos & Associates, P.A., we develop strong legal strategies to fight asset forfeiture, focusing on the weaknesses in the government’s case. Common defenses include:
- Lack of Probable Cause: Challenging the initial seizure by demonstrating the government did not have sufficient evidence to connect the property to illegal activity.
- Innocent Owner Defense: Arguing that you were unaware of any criminal activity associated with the property.
- Procedural Violations: Identifying failures by law enforcement to comply with strict legal requirements for seizure and notice.
- Disproportionality: Arguing that the value of the seized property is grossly disproportionate to the alleged crime.
Why You Need an Experienced Pasco County Asset Forfeiture Lawyer
Asset forfeiture cases are complex and often move quickly. Without immediate action, you could lose your property permanently, even if you are never convicted of a crime. An experienced Pasco County asset forfeiture lawyer understands how to navigate the legal system and protect your interests.
At Athanaselos & Associates, P.A., we provide a thorough review of the circumstances surrounding the seizure, prompt filing of legal challenges to unlawful asset forfeiture, representation in both criminal and civil forfeiture proceedings, and skilled negotiation to recover your property. Our team is committed to safeguarding your rights and holding the government accountable to the law.
Protect Your Property—Call Athanaselos & Associates Today
If your assets have been seized or you’ve been notified of an impending forfeiture action, do not wait to seek legal help. At Athanaselos & Associates, P.A., we fight to ensure that Pasco County residents receive fair treatment under the law.
Contact us today at 727-810-8405 for a free consultation to discuss your case and learn how we can help you recover your property and protect your rights.