Orlando Asset Forfeiture Attorney
Criminal forfeiture can be part of a federal or state prosecution action and requires the government to identify property used or derived from criminal activity. This can include real property, currency, bank accounts, vehicles, aircraft, jewelry, etc. If a criminal defendant decides to proceed to trial and is found guilty, the jury must determine whether the property is forfeitable before the court can issue and order of forfeiture. An experienced forfeiture lawyer can help negotiate forfeiture matters before indictment as well as during the plea bargaining process. Forfeitures made pursuant to the Controlled Substances Act (CSA), Racketeer Influenced and Corrupt Organizations (RICO), and the federal money laundering and obscenity statutes, provide for a separate hearing. During this hearing individuals can assert their rights to the property. Once these rights or interests have been resolved, the court can issue a final forfeiture order.
Both the federal and state government can also bring civil judicial forfeiture actions against property. The property is the “defendant” and under most circumstances, no criminal charges against the owner are necessary. The government’s burden for forfeiture is much lower than in criminal forfeiture proceedings and can result in the loss or significant property or assets. Administrative forfeiture permits federal law enforcement agencies to forfeit property without going to court. Property that can be administratively forfeited is merchandise, the importation of which is prohibited; a conveyance used to import, transport, or store a controlled substance; a monetary instrument; or other property that does not exceed $500,000 in value.
Leverage an Experienced Asset Forfeiture Attorney
Attorney Dan Eckhart spent part of his time at the U.S. Attorney’s Office specializing in asset forfeiture and assisted with the forfeiture of millions of dollars worth of homes, vessels, vehicles, currency and jewelry. He is one of a handful of lawyers in Florida with this background and can help clients navigate the applicable forfeiture laws and negotiate for the release of seized money and property.
Attorney Dan Eckhart leverages his experience as a federal prosecutor to help build the strongest strategic defense possible for his clients. He will fight relentlessly to protect your rights and obtain the best possible outcome for your future. Call us at 352.255.5004 or use the form on our website to contact us and get started on your defense.