![]() ![]() You must have been arrested for a felony that makes your vehicle contraband.Jeff Brandes said in an interview with The Huffington Post, “For all of the large states, Florida now will have the most robust protections in civil asset forfeiture.”įor police to seize your vehicle and order its forfeiture in Florida, the law stipulates that: However, after the new law took effect in July 2016, police are finding it much harder to take people’s property. ![]() If they found you with a $20 bag of marijuana in your car for instance, they could seize and forfeit your car. Even if you were not charged with or convicted of a crime, they could take your car. Prior to HB 889, enacted July 1, 2016, the burden of proof for police to take someone’s personal property was relatively slight. In 2016, Florida Governor Rick Scott approved a house bill that makes it much more difficult for police to confiscate your vehicle. ![]() New Legislation Provides You with More Protection Against Forfeiture If they can show that your car was used in the carrying out of a felony crime - even if the crime was not related to the vehicle - they can confiscate your car and possibly later sell it for profit. These instances allow for a lot of leeway for police to seize your car. The statute notes that the authorities can take your personal property deemed as contraband when it was “used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of any felony, whether or not comprising an element of the felony.” What is the Florida Contraband Forfeiture Act?įlorida Statute § 932.701, the Florida Contraband Forfeiture Act provides law enforcement with the authority to seize and forfeit property related to violations of the law. We can review the facts of your case, explain your rights, and help fight the forfeiture to get your car back.Ĭall us today: 72. Petersburg and talk to our criminal defense lawyers. If the police took your car, you have the right to a hearing to state your case and ask for your car back. They must abide by strict protocols to rightfully take your car. However, due to recent changes in legislation, the burden of proof the police have is much higher. Pursuant to the Florida Contraband Forfeiture Act, the police can take your car if they can prove that you or someone else used your vehicle in the commission of a crime. ![]()
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