Seizures for Forfeiture in Lake County, FL
The Lake County Sheriff’s Office seized property for forfeiture. Each year, the agency must submit a report showing the total agency budget, the assets seized, the funds received from forfeitures, the funds expended, and its law enforcement purpose.
The 2022-23 report shows the Lake County Sheriff’s Office’s total budget of $95,117,540.00. During that reporting period, the agency expended more than $466,313.49 in seized property.
The property seized in Lake County, FL, might include U.S. Currency, cryptocurrency, vehicles, vessels, aircraft, and other valuable property. Seizures might occur with or without a search warrant at a home, business, or on the roadside during a traffic stop.
After the seizure of property, the Lake County Sheriff’s Office must comply with Section §932.703(3)(a) Florida Statutes. That provision requires that the sheriff’s office provide written notice to any potential claimant, including an owner, lien holder, bailee, or person in possession.
The notice of seizure explains the claimant’s right to an adversarial preliminary hearing (APH) after the seizure to determine whether probable cause exists to believe that such property has been or is being used in violation of the Florida Contraband Forfeiture Act.
If you received a “notice of seizure” giving you the right to request an adversarial preliminary hearing (APH) within fifteen (15) days, contact an experienced attorney.
Requesting the APH within that fifteen (15) day deadline is often the best way to get the property back quickly. Not requesting the APH often results in a long delay in getting the property back.
Attorney for Seizure by the Lake County Sheriff’s Office
If your U.S. Currency or other valuable property was seized for forfeiture by the Lake County Sheriff’s Office or a local police department, contact an experienced forfeiture lawyer at Sammis Law Firm.
Our civil asset forfeiture attorneys represent the owner, lien holder, purchaser for value, seller for value, bailee, or person in possession at the time of the seizure.
We can help you file a demand for an adversarial preliminary hearing (APH) or file an answer to the complaint for forfeiture.
Act quickly. Strict deadlines apply and those deadlines are unforgiving.
Call 813-250-0500 to speak to an attorney today.
Notice of Seizure from Lake County Sheriff’s Office
The Lake County Sheriff’s Office must make a diligent effort to notify the person entitled to notice of the seizure. Notice provided by certified mail must be mailed within five (5) working days after the seizure and must state that any person entitled to notice may request an adversarial preliminary hearing within fifteen (15) days after receiving such notice.
When a postseizure adversarial preliminary hearing is desired, the Claimant should make a request in writing and send the request by certified mail, return receipt requested, to the seizing agency.
After the seizing agency receives the claimant’s demand for an adversarial preliminary hearing, the seizing agency must set and notice the hearing to be held within ten (10) days of receiving the request or as soon as practicable thereafter.
The attorney for the agency will often contact the Claimant seeking an extension of time for the 10 day hearing, although we rarely agree to such an extension.
If the court finds probable cause, the seized contraband will remain under the control of LCSO pending further order of the court. If the court finds no probable cause, the Court must award the Claimant up to $2,000 to cover their reasonable attorney fees.
Complaint for Forfeiture Files in Lake County, FL
Sheriff Peyton C. Grinnell, in his official capacity as the Sheriff of Lake County, Florida, might file a complaint for forfeiture under the Florida Contraband Forfeiture Act, Sections §932.701-704, Florida Statutes.
Complaints for forfeiture in Lake County FL, are filed in the Fifth Judicial Circuit. Each case is assigned a case number by the clerks’ office as well as a LCSO case number assigned by the agency.
The complaint will allege that the Court has subject matter jurisdiction pursuant to Section §934.704(2) Florida Statutes, in rem jurisdiction over the Contraband, and venue lies in Lake County pursuant to §47.011 Florida Statutes.
After being served with the complaint for forfeiture, any potential claimant only has twenty (20) days to file an answer to the complaint, assert all affirmative defenses, and demand a jury trial. In Florida, the Claimant is entitled to a jury trial, which is why the agency often wants to settle these cases by returning the property.
How Forfeiture Proceeds are Expended in Lake County, FL
According to a memorandum of understanding with the City-County Investigations Unit between the Chief of Police for the City of Clermont and the Sheriff of Lake County, Florida, any seizure of property under Chapter 932, Florida Statutes, will be processed through forfeiture procedures of the Lake County Sheriff’s Office.
The City-County Investigations Unit is comprised of officers from several local law enforcement agencies within Lake County, as well as detectives of the Lake County Sheriff’s Office. If property is seized for forfeiture by any officer with the CCIU, the net proceeds from the forfeiture will be shared by the agencies involved in the initial seizure in accordance with the number of personnel who actively participated in the CCIU at the time of the particular investigation that led to the seizure.
The amount of the net proceeds to be shared among the agencies involved will exclude a 20% administrative fee for the processing of the forfeiture by the Lake County Sheriff’s Office Legal counsel and any fees paid by the Sheriff, including but not limited to filing fees, publication, and lien costs, which shall be reimbursed from the gross proceeds to the Lake County Sheriff’s Office before the equitable sharing of the net proceeds.
Any deviation from this equitable sharing agreement shall be approved by the Sheriff, his designee, and the head of the local law enforcement agency involved in the particular forfeiture.
Seizures for Forfeiture by Police Departments in Lake County, FL
In addition to the sheriff’s office, local police departments in Lake County, FL, also seize property for forfeiture, including:
- Umatilla Police Department
- Mount Dora Police Department
- Minneola Police Department
- Mascotte Police Department
- Leesburg Police Department
- Lady Lake Police Department
- Howey-in-the-Hills Police Department
- Groveland Police Department
- Fruitland Park Police Department
- Eustis Police Department
- Clermont Police Department
- Astatula Police Department
If your property was seized by a police department in Lake County, FL, contact an experienced criminal defense attorney at the Sammis Law Firm. We can help you fight any criminal accusation or civil asset forfeiture case.
Don’t face the judge alone. Call 813-250-0500.
This article was last updated on Tuesday, September 17, 2024.
