After law enforcement charges you with a criminal offense in Mercer County or the surrounding Central Jersey communities, they may subject you to civil forfeiture, a potentially life-changing consequence. Civil forfeiture applies to any piece of property the defendant owns, and they allegedly used either in the commission of a crime or purchased with the proceeds from a crime. Whether the property is a house, car, or boat, the prosecutor may file a civil action forfeiture, ultimately seeking to seize the property permanently on the grounds that it is connected to criminal activity. For more information on whether you will be subject to civil forfeiture while facing charges for a crime in New Jersey, please continue reading, then contact an experienced Mercer County asset forfeiture defense lawyer soon.

What Is Civil Forfeiture in New Jersey?

In New Jersey, law enforcement has the right to seize property connected to alleged criminal activity. In general, the prosecution believes that the assets were either used during the commission of a crime or obtained using proceeds gained through criminal activity.

Civil forfeiture is separate from a criminal case. As such, the government can pursue your assets, even if your case is pending, and you haven’t been convicted of a crime.

  • Civil forfeiture allows the government to seize assets allegedly connected to criminal activity
  • Property can include homes, vehicles, money, or other valuable
  • Asset forfeiture cases are handled separately from criminal prosecutions
  • The government may attempt to permanently seek or sell all seized proceeds
  • New Jersey forfeiture laws apply before a conviction, in many circumstances

What Property Can Law Enforcement Seize Under the New Jersey Forfeiture Law?

Per New Jersey’s forfeiture law (N.J.S.A. 2C:64-1), law enforcement may seize a number of types of property connected to alleged criminal activity.

Property Commonly Subject to Civil Forfeiture

  • Any proceeds from an illegal activity, such as cash from drug dealing
  • Property that is integral to the illegal acts, like money used to finance illegal gambling
  • Property used in committing a crime, such as a motor vehicle used to transport illegal controlled substances

Additional assets that may become the subject of forfeiture proceedings include:

  • Bank accounts
  • Jewelry
  • Electronics
  • Business assets
  • Real estate connected to alleged criminal activity

What Rules Govern Civil Forfeiture In New Jersey?

Unless the property is illegal in and of itself – like dangerous controlled substances, illegal firearms, and illegal devices used for gambling – the state has ninety days to file a civil lawsuit detailing why it considers the item contraband or integral to a crime.

Through this lawsuit, the state intends to take permanent possession of the property.

  • The government must file a separate civil asset forfeiture action
  • The prosecution generally has 90 days to file the action
  • The burden of proof connecting the property to illegal activity rests on the prosecution
  • The government must prove more than a casual connection
  • Property owners reserve the right to challenge the seizure in court

In New Jersey, the courts require that the prosecution show a substantial connection between the property and the alleged criminal activity. As such, working with an experienced Mercer County criminal attorney can help you craft a defense that casts doubt on the prosecution’s reasoning.

What Is the Difference Between a Civil Forfeiture Case and the Underlying Criminal Case?

A civil judge, not a criminal judge, oversees civil forfeiture.

Generally, law enforcement arrests the suspect and seizes the property simultaneously. One prosecutor will prepare the criminal case, while a separate prosecutor will work on the civil case. Usually, the prosecutors will coordinate and keep each other aware of the status of the case.

  • Civil forfeiture cases are generally handled in civil court
  • Criminal charges proceed through the criminal courts
  • Different prosecutors may handle each case
  • Evidence from one case can impact the outcome of the other case
  • Property can remain seized even if the criminal charges are reduced or dismissed

Can Property Be Wrongfully Seized in Mercer County?

Unfortunately, in some instances, individuals wrongfully accused of or charged with a crime can have their property seized without sufficient evidence showing that it is connected to criminal activity. Even if the prosecutors suspect wrongdoing, the government must still adhere to constitutional and procedural requirements.

  • Authorities cannot permanently seize assets without going through the proper legal channels
  • Property owners can challenge unlawful or unsupported forfeiture claims
  • The government must show a substantial connection
  • Procedural violations, like unlawful searches and seizures, can impact a forfeiture case

Contact a Mercer County Criminal Defense Lawyer

If you are facing criminal charges or you believe your property was wrongfully confiscated in Princeton, Hamilton, or Lawrence Township, it’s in your best interest to discuss your circumstances with an experienced Mercer County criminal attorney with the Law Offices of Douglas Herring. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you understand your legal rights and fight for the best possible outcome. Contact us today to learn more.