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Losing your possessions when arrested is a real possibility. This is most likely to happen in cases involving drinking and driving, or in drug possession cases. If the police make a valid stop, the next step might be to seize your property, or the property believed to be the product of an illegal activity. Fighting to keep your car is important, because you still need to get around. You have a job, school, activities with your kids, and other places where your presence is required. Getting around without a vehicle is an inconvenience to your family and friends, so if seizure of your vehicle is part of your case, it is critical to fight for its return.

Police rely on the Florida Contraband Forfeiture Act when seizing property as part of a criminal arrest. In order to be seized, there must be a probability that the items taken are contraband, which means part of the crime. Contraband might include:

 

● A controlled substance

● Drug paraphernalia

● Personal property such as money, jewelry, books, and cars

When your collateral is taken it is auctioned off. To avoid losing your property at public auction you have to present evidence that it was not used in or the product of the he commission of a crime. This requires a careful analysis of your case and careful application of the law to the facts. It can be hard to establish a large sum of cash is not the product of a drug case, but it can be done. Call our office today to discuss the specifics of your case and learn how you can you’re your property.

If you have been arrested and your property taken from you as a result of the arrest, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.


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