New Brunswick NJ Civil Forfeiture Defense Law Firm
The Law Offices of Jonathan F. Marshall represents clients charged with cocaine distribution and other criminal offenses that result in civil forfeiture. Whether the seizure involved money, a car, computers or some other property, the police and prosecutor must adhere to strict rules to keep these items. Our New Brunswick Criminal Firm, The Law Offices of Jonathan F. Marshall, has major experience challenging forfeiture. For over 100 years combined, the lawyers on our team have been fighting automobile and other forfeitures resulting from arrests by the Middlesex County Prosecutors Office and the police in Edison, Carteret, Woodbridge, East Brunswick and Sayreville. Contact our New Brunswick Office for a free initial consultation by calling 732-246-7126.
Civil Forfeiture New Jersey Civil Forfeiture Law: N.J.S.A. 2C:64-1
The New Jersey statute which governs civil forfeiture actions is N.J.S.A. 2C:64-1 which provides in pertinent part:
§ 2C:64-1. Property subject to forfeiture
a. Any interest in the following shall be subject to forfeiture and no property right shall exist in them:
- Controlled dangerous substances, firearms which are unlawfully possessed, carried, acquired or used, illegally possessed gambling devices, untaxed cigarettes, untaxed special fuel, unlawful sound recordings and audiovisual works and items bearing a counterfeit mark. These shall be designated prima facie contraband.
- All property which has been, or is intended to be, utilized in furtherance of an unlawful activity, including, but not limited to, conveyances intended to facilitate the perpetration of illegal acts, or buildings or premises maintained for the purpose of committing offenses against the State.
- Property which has become or is intended to become an integral part of illegal activity, including, but not limited to, money which is earmarked for use as financing for an illegal gambling enterprise.
- Proceeds of illegal activities, including, but not limited to, property or money obtained as a result of the sale of prima facie contraband as defined by subsection a. (1), proceeds of illegal gambling, prostitution, bribery and extortion.
b. Any article subject to forfeiture under this chapter may be seized by the State or any law enforcement officer as evidence pending a criminal prosecution pursuant to section 2C:64-4 or, when no criminal proceeding is instituted, upon process issued by any court of competent jurisdiction over the property, except that seizure without such process may be made when not inconsistent with the Constitution of this State or the United States, and when
- The article is prima facie contraband; or
- The property subject to seizure poses an immediate threat to the public health, safety or welfare.
Explanation of the Civil Forfeiture Law in New Jersey. There are several types of property that can be seized and/or forfeited according to the above statute. Typically, drugs, money, or guns seized as part of a criminal case can be forfeited if a civil forfeiture complaint is filed by the State. For example, if the police seize a bag with two pounds of marijuana in it along with $2,000.00 cash, the State will move to have the money forfeited along with the illegal drugs. The other category of property that the State often tries to seize is vehicles that are used in the commission of a crime. For instance, a shoplifting or robbery case in which the alleged suspects are fleeing the scene in a vehicle usually leads to the attempted seizure of the vehicle by the State. A civil forfeiture complaint must be filed within ninety (90) days of the seizure of the property by the State. Further, if the defendant can show legitimate income in terms of any cash seized, there may be a defense against the seizure. Moreover, if a vehicle seized is owned by a third party or it is leased and there is a loan on the car, it is a strong defense against a civil forfeiture complaint.
Old Bridge Forfeiture Lawyer
As the third most populated municipality in Middlesex County, Old Bridge has a significant number of charges for distribution of CDS like marijuana and heroin, as well as theft offenses that trigger the possibility of civil forfeiture. If your property has been seized in Old Bridge, Piscataway, South Brunswick, Dunellen or Jameburg, our attorneys are available immediately to assist you. An attorney who is highly knowledgeable in civil forfeiture, including a former county prosecutor in Middlesex, is ready to undertake a comprehensive review of your case. To speak to a lawyer in a free consultation, call our Piscataway Office at 732-392-7202.
