Bergen County Civil Forfeiture Attorney
What is a Civil Forfeiture Proceeding?
Civil forfeiture proceedings in New Jersey are legal proceedings that allow the State of New Jersey to seize property from a criminal defendant who has been charged with a criminal offense. These civil proceedings are brought against the property, not the owner of the property and are known as “in rem” proceedings. The theory behind civil forfeiture proceedings is that the property has been used to facilitate a criminal offense and the State should therefore be able to take the property. In New Jersey, the State must generally file a civil action related to the seizure within 90 days from the date of the seizure.
A civil forfeiture action can be instituted against two types of property: prima facie contraband and derivative contraband. Prima facie contraband includes controlled dangerous substances, unlawfully possessed firearms, illegally possessed gambling devices, counterfeit goods and property used in a criminal offense or purchased with proceeds from criminal activities. Derivative contraband includes cash or currency derived from criminal activities. Derivative contraband is innocent in nature but has been used or was intended to be used in furtherance of unlawful activity or is the proceeds of illegal activity.
Civil forfeiture actions are separate from criminal actions but are directly related to criminal actions. Sometimes negotiations with the Prosecutor will allow for the return of a portion of or, in rarer instances, the return of all of the seized property.
Our Approach to Civil Forfeiture Cases
Our approach to civil forfeiture cases is informed by the needs of our clients. This is your case and we are here to protect your interests. In some cases, a client will believe that the seized property has nothing to do with the underlying criminal offense and should be returned, in other instances, the seized property was only partially related to the underlying criminal offense and therefore some of the seized property should be returned. This latter situation is most commonly related to seized cash or currency.
Whether you are looking for a discreet resolution to your case or want to take your case to trial, the attorneys at the Law Offices of Joseph R. Donahue, LLC can help. If your property has been seized and you need to speak with a lawyer, we encourage you to contact our New Jersey law office.
Serving Bergen County & Throughout New Jersey
Our office has helped hundreds of clients all across New Jersey, including in Bergen County, Passaic County, Essex County, Hudson County, Morris County, Union County, Middlesex County, Hunterdon County and surrounding areas.
Facing a civil forfeiture action? Contact Law Offices of Joseph R. Donahue, LLC by calling (201) 488-7707 to start your defense.
