Contraband Forfeitures in Polk County, FL

The Florida Contraband Forfeiture Act (FCFA) authorizes law enforcement agencies to seize real and personal property used in violation of Florida law. In Polk County, the sheriff’s office and local police departments seize valuable property for forfeiture.

The types of property seized for forfeiture might include U.S. Currency and other forms of currency, cryptocurrencies like Bitcoin, vehicles, vessels, aircraft, firearms, jewelry, and precious metals.

After the seizure by the Polk County Sheriff’s office, the agency must provide you with a “notice of seizure” that gives you 15 days to demand an adversarial preliminary hearing.

Under Florida law, the court must find probable cause that the property was used for criminal activity violating the act. Probable cause means sufficient reason based upon known facts to believe the property is connected with a crime.

Then law enforcement must prove in front of a jury (unless the defendant waives a jury trial) that the contraband article or cash was linked to a crime by “clear and convincing evidence.” Florida is one of 11 states with a “clear and convincing proof standard,” the highest civil standard of proof and higher than most other states.

Alternatively, a federal agency might “adopt” the seizure so it proceeds under federal law. Those federal agencies that adopt local seizure might include the DEA, Customs and Border Protection (CBP), or Homeland Security Investigations (HSI). In those cases, after your notice of seizure is issued, you only have 35 days to file a verified claim. The law is unforgiving if you make a mistake or miss a deadline.

Attorney for Forfeiture Seizures in Polk County, FL

You can fight to get the property back. The attorneys at Sammis Law Firm represent innocent owners and lien holders.

We can help you demand an adversarial preliminary hearing within 15 days of receiving the notice of seizure. If the agency files a complaint for forfeiture, we can help you file a verified claim, answer, and affirmative defenses.

We also represent clients after a seizure for forfeiture by the Lakeland Police Department, located in Polk County, FL.

If you prevail, the agency might be required to pay your attorney fees.

Call 813-250-0500.

This article was last updated on Tuesday, January 13, 2025.