Civil Forfeiture Lawyer

Civil Forfeiture Lawyer in NYC

Civil forfeiture is how the government takes cash, cars, and other property it claims is connected to a crime, often without charging you or winning a conviction. In New York, you can fight the seizure and demand your property back, but the deadlines are short and unforgiving. A NYC civil forfeiture lawyer can file the claim and challenge the government’s case.

This page is part of our NY criminal defense practice. Konta, Georges & Buza, P.C. represents people fighting state and federal forfeiture across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, whether the New York City Police Department took a vehicle, a District Attorney filed a civil action, or federal agents seized cash. Because forfeiture runs on strict deadlines, our NYC civil forfeiture attorneys act immediately to protect your right to get your property back.

What Is Civil Forfeiture?

Civil forfeiture is a legal action the government brings against property itself, not against a person, claiming the property is the proceeds or an instrument of a crime. Because the case is technically against the cash or the car, the government can pursue it even when no one is convicted, and sometimes when no one is charged at all.

These cases carry strange names because they are filed against the property, such as a matter titled against a sum of currency or a specific vehicle. The theory is that the property is tainted by a crime, so the owner must come forward and prove a right to it. That structure puts the burden on you to act, and quickly. Our New York civil forfeiture lawyers step in to assert your ownership, demand a hearing, and force the government to prove its claim.

Can the Government Take My Property Without Convicting Me of a Crime?

Yes. That is the central problem with civil forfeiture. Because it is a civil action against the property rather than a criminal case against you, the government does not need a conviction, and in many cases does not need to charge anyone. You can be entirely innocent and still lose your property if you miss the deadline to fight back.

This is why so many people are stunned to learn their cash or car can be kept after an arrest is dismissed or never even filed. The civil process moves on its own track with a lower standard of proof than a criminal case. Doing nothing is the one guaranteed way to lose the property for good. Our NYC civil forfeiture attorneys make sure a claim is filed on time so the government cannot keep your property by default.

How Is Civil Forfeiture Different From a Criminal Case?

A criminal case must prove guilt beyond a reasonable doubt and can send you to jail. Civil forfeiture only decides who keeps the property, and the government’s burden is far lower, usually a preponderance of the evidence. The two can proceed at the same time over the same underlying event.

In federal court, once you file a claim, the government must prove by a preponderance of the evidence that the property is connected to a crime under the Civil Asset Forfeiture Reform Act. That is a much easier standard than the criminal one. The consequences differ too, since forfeiture takes property rather than liberty, but the financial and practical harm can be enormous. Our New York civil forfeiture lawyers handle the civil action while coordinating with any related criminal defense so one case does not damage the other.

How Do I Get My Seized Cash, Car, or Property Back?

You get it back by filing a timely claim contesting the forfeiture and then litigating the government’s case. The exact step depends on whether the seizure is federal, a New York State action, or a New York City vehicle seizure, but every path starts with a formal, deadline-driven demand for the property.

In a federal administrative forfeiture, you file a verified claim that pushes the matter into court. In a New York City vehicle case, you demand a prompt retention hearing to challenge the police keeping the car while the case is pending. In a State action brought by a District Attorney, you answer the civil complaint and assert your defenses. Each route has its own forms and its own clock. Our NYC civil forfeiture attorneys identify which process applies and file the right claim before the window closes.

What Are the Deadlines to Fight a Forfeiture in New York?

The deadlines are short and easy to miss. In federal cases, the government must send notice within 60 days of the seizure, and your claim is due by the date stated in that notice, generally at least 35 days later. Once you file, the government has 90 days to file a court complaint or return the property. New York City vehicle cases move even faster.

Under the federal Civil Asset Forfeiture Reform Act, 18 U.S.C. 983 sets these notice and claim deadlines, and missing the claim date can forfeit your property administratively without a judge ever reviewing it. For a car seized by the New York City Police Department, you must demand a retention hearing promptly after receiving the demand letter, within a matter of days. Because a single missed deadline can end the matter, our New York civil forfeiture lawyers calendar every date the moment they are retained.

What Is the Innocent Owner Defense?

The innocent owner defense lets you keep your property if you did not know about, or did not consent to, the illegal use of it. Under federal law at 18 U.S.C. 983(d), an owner who proves they were unaware of the alleged crime, or took reasonable steps to stop it, can defeat the forfeiture even if someone else misused the property.

This defense matters constantly in real cases: a car lent to a relative, a home used by a tenant, or cash belonging to a business partner who did nothing wrong. The owner has to prove the innocent owner status, so documentation and testimony are key. New York recognizes similar protections for owners who were not involved in the underlying conduct. Our NYC civil forfeiture attorneys build the innocent owner record with titles, financial records, and witness accounts.

How Do Police Seize Cash and Cars in New York?

Seizures most often happen during traffic stops, drug arrests, and investigations into so-called suspicious cash. Police may take large amounts of currency, vehicles they call instruments of a crime, and property they claim is proceeds, frequently at the scene and before any charge is filed.

Common triggers include carrying a large sum of cash, a canine alert during a stop, an arrest for a drug or gun offense, and structuring accusations tied to bank deposits. The property is taken first, and the paperwork justifying it comes later. That order of events is exactly why an early challenge matters, because the initial stop or search is often where the case is weakest. Our New York civil forfeiture lawyers scrutinize how the seizure happened, since an unlawful stop can undermine the entire forfeiture.

What Happens to the Forfeiture If I Also Face Criminal Charges?

The civil forfeiture and the criminal case run in parallel, and what you do in one can affect the other. Statements or filings in the forfeiture case can create Fifth Amendment risks in the criminal case, so the two must be coordinated by counsel who is handling both.

People often want to explain in the forfeiture case why the money is legitimate, but doing so without counsel can hand prosecutors evidence for the criminal matter. At the same time, ignoring the forfeiture to focus on the criminal case can forfeit the property by default. This tension requires strategy. Our NYC civil forfeiture attorneys manage both tracks together, protecting your rights in the criminal case while still fighting to recover your property.

Should I Talk to the Police or Agents About My Seized Property?

No. Do not try to explain the source of the cash or the use of the car to police or federal agents without a lawyer. In a forfeiture case, the government is looking for admissions that connect the property to a crime, and casual explanations often become the evidence used to keep it.

Agents may suggest that if you just account for the money, they will release it. That rarely happens, and your statements can be used against you in both the civil and criminal cases. You have the right to remain silent and the right to counsel. Politely decline to discuss the property and let our New York civil forfeiture lawyers communicate with the government and file the claim that actually protects your interests.

What Types of Forfeiture Might I Be Facing?

New York seizures fall into three main categories: federal civil forfeiture, New York State civil forfeiture brought by a District Attorney, and New York City administrative forfeiture of vehicles. Each has its own statute, standard, and deadlines, and identifying the right one is the first step in fighting back.

Federal forfeiture proceeds under statutes including 18 U.S.C. 981 and 21 U.S.C. 881, governed procedurally by the Civil Asset Forfeiture Reform Act. State forfeiture is brought under New York civil practice law by the local District Attorney against proceeds and instruments of a crime. New York City separately seizes vehicles through an administrative process with its own retention hearing. Because federal cases often involve larger seizures, our team also handles related federal criminal defense matters that give rise to forfeiture.

How Much Does a Civil Forfeiture Lawyer in NYC Cost?

The fee depends on the type of seizure, the value of the property, and whether the case is administrative or fully litigated in court. Because forfeiture can permanently take significant assets, prompt representation is usually far less costly than losing the property outright.

A vehicle retention hearing is a different scope of work than a contested federal judicial forfeiture, and the fee reflects that. Konta, Georges & Buza, P.C. explains the fee and how the case will proceed at the first consultation. Given that a missed deadline can forfeit everything, the value of getting a lawyer involved early is measured against the full worth of the cash, car, or property at stake.

What Kinds of Property Can the Government Take Through Forfeiture?

The government can seek to forfeit almost any asset it links to alleged criminal activity, including cash, vehicles, bank accounts, real estate, businesses, and valuables. In practice, cash and cars are the most commonly seized, but homes and accounts are targeted in larger investigations.

Property is usually pursued as either proceeds of a crime, meaning something bought with or derived from illegal activity, or as an instrumentality, meaning something used to commit or facilitate it. That broad theory is how a car used to drive to an alleged drug sale, or a bank account holding mixed funds, gets swept in. Real property and higher value assets generally require the government to go to court rather than use the faster administrative process. Our New York civil forfeiture lawyers tailor the defense to the specific asset, because the rules and leverage differ between a seized vehicle and a seized home.

Can I Recover My Legal Fees If I Win a Forfeiture Case?

In federal cases, yes. Under 28 U.S.C. 2465, a claimant who substantially prevails in a federal civil forfeiture action is generally entitled to recover reasonable attorney fees and litigation costs, along with interest on seized cash. That provision is meant to make owners whole when the government seizes property it cannot justify keeping.

This fee-shifting rule is an important reason not to walk away from a strong claim. When the government cannot prove its case and you prevail, it can be required to pay your attorney fees rather than leaving you to absorb the cost of getting your own property back. The rules differ between federal and state cases, so the availability of fees is one factor our NYC civil forfeiture attorneys weigh when advising on how hard to litigate a particular seizure.

How Do Our NYC Civil Forfeiture Attorneys Handle These Cases?

Our approach is to move fast, file the claim, attack the seizure, assert every defense, and litigate the government’s proof. The immediate priority is preserving your right to contest the forfeiture before a deadline forecloses it.

The first step is identifying the process and filing the claim or hearing demand on time. Investigation means examining how the property was seized, including the legality of the stop or search. Defense means asserting innocent ownership, challenging the alleged connection to a crime, and, in federal cases, holding the government to its burden under the Civil Asset Forfeiture Reform Act. Where a criminal case is pending, our team coordinates both. When the government will not return the property, our NYC civil forfeiture attorneys litigate the matter in court.

Why Choose Konta, Georges & Buza for a Civil Forfeiture Case?

Konta, Georges & Buza, P.C. is a New York firm that handles both the criminal and civil sides of a seizure in house, which matters because forfeiture so often overlaps with a criminal investigation. Handling both together protects your property and your liberty at the same time.

The firm’s partners, Adam B. Konta, Robert W. Georges, and John P. Buza, defend the full range of New York state and federal matters, including the drug, cash, and financial cases that most often trigger forfeiture. That combined experience lets the firm see how a seizure connects to an underlying investigation. Our NYC civil forfeiture attorneys use that perspective to fight for the return of your property while safeguarding your rights in any related criminal case.

Talk to a NYC Civil Forfeiture Lawyer Today

Forfeiture deadlines are measured in days, and doing nothing means losing your property. Before you talk to agents or let a claim date pass, talk to Konta, Georges & Buza, P.C. to get our team working to recover your cash, car, or property.