There are two types of vehicle forfeiture; Civil Forfeiture, and Criminal DUI Forfeiture. Florida law already permitted the civil forfeiture of property used in connection with a felony offense, such as the use of a motor vehicle during the commission of the sale or possession of controlled substances, and other felony crimes.
Criminal DUI Forfeiture may be in play any time someone is arrested for a DUI offense, or if at the time of your arrest, your privilege to drive is already under suspension, cancellation, or revocation as a result of a prior DUI conviction.
While civil forfeiture proceedings only requires the state to show a "preponderance of the evidence" as the standard, in a Criminal DUI case the State must prove it's case "beyond a reasonable doubt."
Even if the individual is successfully acquitted in the Criminal DUI case, they may still find that they have been unsuccessful in civil forfeiture proceedings. Our law office will defend your legal rights in both Civil Forfeiture, and Criminal DUI Forfeiture.
Florida Statute Section 322.34(9)(a) provides:
Your vehicle is subject to seizure and forfeiture regarding a DUI if two conditions are met:
There are other criminal offenses that may be subject to potential vehicle forfeiture such as felony crimes that directly involve the motor vehicle in question, such as:
Mr. Castrofort utilizes his experience as a former prosecutor in an effort to aggressively provide the highest standard of legal service for each and every client. We understand that each of our clients are more than just a name... they are real people who are at a major crossroad in their life, and are best served with a dedicated and experienced criminal defense attorney (lawyer) in their corner to obtain the best possible resolution to serious legal issues.
As your Orlando criminal defense attorney (lawyer), Joe Castrofort, Esq., will: