What can be taken through civil asset forfeiture?

On Behalf of Kaylor Law Group • September 18, 2023

Florida’s civil asset forfeiture is supposed to be a way to deprive people of being able to use things that are the result of illegal activities. This is done to prevent it from being used to commit future crimes. Law enforcement agencies in the state must comply with the Florida Contraband Forfeiture Act.


Currently, law enforcement agencies in this state aren’t required to report what assets they seize under this law. One point to remember is that some assets taken under state law are eventually returned to the owner.

Types of property that can be taken

Any real or personal property can be taken under Florida law, but the property has to be tied to illegal activities. The most common types of property that are taken by agencies here are currency and vehicles. Homes and other real estate can be taken, but they rarely are seized.


Law enforcement agencies can also take weapons and drugs. Anything that’s used to commit a crime, including the transporting of drugs, can be seized. Drug paraphernalia and items used to distribute or sell drugs can also be taken.

Defenses to civil asset forfeiture

Once an asset is seized, it must go through a specific forfeiture process before it’s liquidated. This is when the owner of the assets can try to fight the forfeiture.


It’s possible to appeal a civil forfeiture, but many people don’t go through the process. Around 1% of civil forfeitures go through a civil trial. Around 16% of seizures are the subject of a request for an adversarial hearing.


Someone who doesn’t agree with the forfeiture can use a few different defense strategies, so you should consider them all if you’re facing this situation. The appeal you file must be valid and truthful, and it needs to fall under one of these broad categories.


  • Assets were seized without probable cause
  • Forfeiture value doesn’t match the alleged crime
  • Owner of seized property didn’t know about criminal activity


The civil forfeiture process is very detailed, so appeals of a seizure or forfeiture must be handled precisely. Having someone on your side who’s familiar with this area of the law may help you to launch a successful case against civil forfeiture.

Why it’s important to quickly talk to an attorney after a DUI charge

By On Behalf of Kaylor Law Group • September 18, 2023
If you get arrested on DUI charges, the situation can be very concerning. You are going to worry about your future, your freedom, your reputation and your bank account. All of these realities can be impacted by a DUI charge. As a result, this situation is likely not something that you want to face on your own. It is important to talk with a legal team to determine what your options are. Here are a few important things to keep in mind.

What is the total cost of a DUI?

By On Behalf of Kaylor Law Group • September 18, 2023
Driving under the influence (DUI) is a serious charge, with serious consequences – even for a first-time conviction. In Florida, the financial ramifications of a DUI conviction can be substantial. If you’re charged with a DUI, these are some of the potential financial consequences you may face both inside and outside the courtroom.

4 things to know about cybercrime charges

By On Behalf of Kaylor Law Group • September 18, 2023
Cybercrime charges are often thought to come from sophisticated scams using the Internet. While it’s true that all cybercrimes have to do with online activities, it’s possible for these charges to stem from simple, small incidents. Knowing a bit about cybercrimes and their associated charges may be beneficial to some individuals. Here are four points that provide a glimpse into this area:

What constitutes cyberstalking?

By On Behalf of Kaylor Law Group • September 18, 2023
Stalking has long been a crime in the physical sense, and some people have even gotten restraining orders to try to keep people from following them or harassing them. Things have changed in the digital era, however, and we have now seen the rise of something known as cyberstalking. It’s important to know what this is and how it happens so that you can avoid doing anything that would be considered cyberstalking and a violation of the law. Generally, speaking, cyberstalking just means using technology to harass someone, to pester them, or even to discover their whereabouts. It’s important to note that this is more than someone simply being annoying. It’s not cyberstalking if you don’t like what someone comments on your social media profiles or something of this nature. Unsolicited emails also do not constitute cyberstalking, and many people get a lot of them every day. To make it cyberstalking, it has to be “ methodical, deliberate and persistent .” There also needs to be some element of direct harassment or bullying, where that person is being emotionally and verbally attacked through the messages.

2 ways certain prescriptions frequently lead to drug charges

By On Behalf of Kaylor Law Group • September 18, 2023
Prescription medications are only legal when a doctor recommends them to you and then monitors your use of them. People all too frequently assume they can do whatever they want with the prescription once they pick it up from the pharmacy, but that is not how controlled substances laws work. There are numerous restrictions on how you use, store and transport prescribed medications. People sometimes violate these rules and find themselves facing charges. Some prescriptions have a very strong association with criminal charges. Why might your recent prescription eventually result in an arrest?

The compounding impact of a second-offense DUI

By On Behalf of Kaylor Law Group • September 18, 2023
A DUI is always something you have to take seriously. There are harsh penalties, both criminal and administrative, that you could face for a first, second or subsequent DUI. If you had a DUI in the past and now face accusations of a second DUI, you need to know how the penalties may compound with this second offense. Here is what you need to know about what to expect from a second-offense DUI as you handle your case.

Why accepting a DUI plea deal may not be your best option

By On Behalf of Kaylor Law Group • September 18, 2023
Any time you’re facing accusations of driving under the influence, you want to know your rights and what to expect as you defend yourself. One of the things that might come up for you in your case is a DUI plea deal, and, depending on the circumstances, you might be considering accepting it. Should you take a plea deal or not? The answer to that question depends on several factors. In some cases, accepting a DUI plea deal may not be the best option for you.

Why do Florida drug charges become federal cases?

By On Behalf of Kaylor Law Group • September 18, 2023
Both Florida and the federal government ban many of the same substances. Controlled substances laws prohibit the possession or manufacture of methamphetamine at the federal and state level, for example. They also make it illegal to abuse or resell prescription drugs. Typically, when someone faces criminal charges for drug-related activity in Florida, they will face state charges. A local police officer will arrest someone for possession or a similar offense, and Florida will prosecute. Sometimes, federal prosecution occurs instead. When will the federal government prosecute a drug offense in Florida?

At what point should I get a criminal defense attorney?

By On Behalf of Kaylor Law Group • September 18, 2023
The idea of being independent is a powerful cultural force in the United States. Most adults don’t like to ask for help, especially if they have to pay for it. People like to try to solve their own problems as frequently as possible. Still, there are certain situations where bringing in professional help is usually the right approach. Facing criminal allegations is a perfect example. Someone who has never been in state custody or experienced a criminal trial before will not know the right way to handle these stressful experiences. How soon should you hire an attorney to help you with a criminal matter?

Defending against a DUI is essential in your Florida case

By On Behalf of Kaylor Law Group • September 18, 2023
If you’re stopped and accused of a DUI, it’s important for you to take steps to defend against that allegation. Florida has harsh DUI laws, so a conviction could lead to the loss of your driving privileges as well as other repercussions. Did you know that you are required to comply with a request for a blood, breath or urine test if an officer asks for it during a traffic stop? This is called implied consent . If you refuse the test, then you may lose your license, though there are specific factors that will determine if that occurs. Usually, a refusal results in the suspension of your license for a year, but it could be longer if you have refused testing in the past.
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