Florida Federal Criminal Defense Attorney, David J. Joffe focuses on criminal defense of persons accused of white collar crimes. David J. Joffe has personally handled over 500 Federal cases. Call today for a confidential consultation.
Asset forfeiture is the government’s confiscation of funds or property used
to fund criminal activity, mostly illegal drug trafficking. There are two types
of forfeiture cases: criminal and civil. Almost all forfeiture cases practiced
today are civil. The same two statutes apply to both civil and criminal asset
forfeiture proceedings—18 U.S.C. § 982 and 21 U.S.C. § 881.
Most of these cases occur under federal law and no criminal charges or convictions are required in civil forfeiture proceedings. The federal government sues the property in question and the property owners are third parties. These proceedings have more lenient burdens of proof than criminal prosecutions—property owners must prove that their property was not used in criminal activity by a preponderance of the evidence (a level of proof that persuades a judge or jury that, given the evidence, the plaintiff has more likely than not proved their property was not used for criminal activity).
The Department of Justice established the National Assets Seizure and Forfeiture Fund in 1985 and realized $27 million from drug-related forfeitures that year. Many states followed suit by establishing their own civil forfeiture programs. Cities and other municipal governments have cooperated in forfeiture actions under both federal and state drug laws. They have used such laws on their own to deal with local concerns ranging from unsafe housing to prostitution, and now for the problem of drunk driving.
If you or someone you know has been served with an asset forfeiture warrant and you have questions about the options that may be available, contact an experienced criminal defense attorney at Joffe Law.
Call or contact Joffe Law today at 954.723.0007 for a Confidential Consultation regarding your case.
Joffe Law, PA
Miami Criminal Attorney
Representative case results include:
Latest Verdict: Trial attorney David Joffe is granted an acquittal for his client who was facing a mandatory life sentence if convicted in a federal drug importation case
As a result of masterful cross examination of six (6) key witnesses at trial, Mr. Joffe’s motion was granted to acquit his client of all charges in a federal drug importation case. The case involved 26 kilograms of cocaine and 5 kilograms of heroin. The Judge, a former prosecutor has not granted such a request in more than twenty (20) years of service on the bench. Mr. Joffe received positive written comments from more than twenty (20) peer attorneys.
David J. Joffe obtains not guilty jury verdict in federal drug case in forty (40) minutes after one (1) day trial. Client acquitted of 10 year mandatory jail sentence.
Defendant was convicted of two counts. The law firm again represented defendant on the direct appeal to the United States Court of Appeals in and for the Eleventh Circuit. The law firm was successful in having one count vacated and defendant was remanded for re-sentencing before the District Court. The Court sentenced defendant to non-reporting probation.
State Attorney dismissed marijuana possession case after reading one motion detailing improper search and seizure.
Male Charged with Mortgage Fraud Gets No Prison Time
Miami: 29 defendants charged in drug importation and credit card scheme and only ONE goes free! His attorney was David J Joffe!
20 year old female Gets Reduced Sentence for Drug Charge
Charges Dismissed on Battery of a Law Enforcement Officer
Ex-banker not charged with theft of goods through interstate commerce
Florida criminal defense lawyer, David J. Joffe successfully reduces sentence of Colombian crew men on freighter with two tons of cocaine