No Attorney Fee/Costs Unless We Recover
Did police seize your money or other property? If so, we can help. Attorney Brian Silber is a Miami Asset Forfeiture Attorney who fights against Government seizures to help people get their property back.
Miami Asset Forfeiture Attorney
Just because the Government took your property does not mean they get to keep it. Civil Asset Forfeiture is the legal process designed to protect your property rights. Under the law, you have the Due Process right to challenge an asset seizure and make the Government prove it is entitled to keep your property.
This is where a talented Civil Asset Forfeiture Attorney comes in.
Before ownership is forfeited to the Government, there must be sufficient proof that the asset was either used to commit a crime or is the proceeds of crime. The burden of proof is on the Government.
Along the way, a Civil Forfeiture Defense Attorney can attack the Government’s case by challenging the legality of traffic stops, illegal search and seizure by police, unlawful questioning/interrogation, invalid search warrants, circumstantial evidence, inadmissible hearsay, inadmissible character evidence, and others.
There are other defenses we use as well:
- Legitimate Source Defense
- Innocent Owner Defense
- Commingled Asset Defense
- Notice Requirement Defense
- Statute of Limitations Defense
While any one of these defenses may be effective on their own, most cases make use of more than one defense. However, crafting a winning defense depends on the specifics of any one case.
In asset forfeiture cases litigated in Federal court, the Civil Asset Forfeiture Reform Act of 2000 controls. However, the Florida Contraband Forfeiture Act controls cases brought in Florida’s state courts.
Ultimately, if the Government fails to meet its evidentiary burden either due to a lack of evidence or because its case fell apart under attack from a Civil Asset Forfeiture Attorney, the seized asset must be returned to its rightful owner.
In some jurisdictions, a claimant may also recover attorneys fees and costs when he/she wins their case.
How do I get my money back?
Attorney Brian Silber is trial attorney with extensive experience winning Civil Asset Forfeiture cases. Depending on the facts of your case, he may be able to recover all or some of your money. Here are some the questions we investigate to develop your best defense:
- Did police show you a search warrant?
- Was your consent to search given under threat or pressure?
- Did you sign anything? What did you sign?
- Were you arrested or facing criminal prosecution?
- Did police read you your rights? Were you questioned?
After we thoroughly investigate your case, we will analyze all available evidence to determine what legal issues and defenses are most effective in your case. Using these defenses, we will proceed to attack the Government’s case and fight for the return of your property.
Attorney Brian Silber’s Background in Civil Asset Forfeiture
Winning Civil Asset Forfeiture Attorneys are masters criminal law and civil procedure. They are street smart attorneys who understand criminal enterprise and how law enforcement operates. A Civil Forfeiture Defense Attorney must also be an expert in the rules of evidence and the rules of civil of procedure – as these rules control what happens in court.
After serving three years as a state prosecutor at the Broward County State Attorney’s Office in Fort Lauderdale, Florida, attorney Brian Silber entered private practice as a criminal defense attorney and quickly began representing victims of Civil Asset Forfeiture.
Most importantly, Mr. Silber is a street smart attorney with over 15 years experience in criminal law. He has successfully litigated Civil Asset Forfeiture cases ranging in value from tens of thousands of dollars to hundreds of thousands of dollars and even millions of dollars. Representing clients as a Miami asset forfeiture attorney is something Brian Silber is passionate about.
Mr. Silber has never lost a single Civil Asset Forfeiture case. Every single client Brian Silber has ever represented in a Civil Asset Forfeiture case has either obtained a full or partial return of their money.
If you are the victim of a Government seizure, a Miami Asset Forfeiture Attorney is what you need.
Have a question about Civil Asset Forfeiture? Contact Us!
We offer a free initial consultation and are available to answer your questions, explain the legal process, and assess whether or not you have a defense. Call us today: 954-462-3636.