NJ Civil Forfeiture

NJ Civil Forfeiture

Civil forfeiture allows law enforcement in New Jersey to seize and keep property connected to criminal activity – even without charging or convicting the owner. Police and prosecutors say it’s a vital tool to disrupt illegal operations. But civil liberties groups argue it violates due process and incentivizes policing for profit.

What is Civil Forfeiture?

Civil forfeiture lets police confiscate assets like cash, cars, and real estate that are suspected to be related to criminal activity. It happens through civil lawsuits against the property itself, not the owner[1]. The government just has to show it’s more likely than not the assets came from or supported illegal acts.

This is different than criminal forfeiture, where assets can only be taken after the owner is convicted. With civil forfeiture, charges or convictions aren’t required – it’s based on the property’s link to alleged crimes, not the owner’s guilt[2].

Legal Basis in New Jersey

New Jersey civil forfeiture laws are found in the N.J. Code of Criminal Justice. Key provisions include:

• Property subject to forfeiture includes controlled substances, raw materials to make them, equipment for production, weapons, vehicles, money, or other assets tied to criminal activity[3].
• The state must show by a preponderance of evidence the property is criminally derived or involved[4].
• Innocent owners can defend their interests, like a car owner whose vehicle was used by someone else illegally[5].
• Law enforcement keeps 100% of forfeiture proceeds to fund their departments[6].

Criticisms and Controversies

While civil forfeiture is defended as an important law enforcement tool, critics have raised major concerns:

• Circumvents due process – Property is taken without convicting or even charging the owner.
• Incentivizes policing for profit – Letting agencies keep forfeiture proceeds creates conflicts of interest.
• Prone to abuse – Weak standards of proof and oversight invite corruption and overreach.
• Disproportionately impacts minorities and the poor – Those with limited means can’t afford to challenge forfeitures.
• Imposes excessive punishments – Forfeitures often exceed the gravity of crimes.

There are many stories of outrageous abuses, like police seizing large sums from motorists without evidence of crimes. Critics argue the profit motive distorts law enforcement priorities when departments rely on forfeiture revenues.

Recent New Jersey Reforms

In response to criticisms, New Jersey passed reforms in 2019 to increase protections:

• Requires criminal conviction for forfeiture in most cases.
• Shifts burden of proof to the state to show property is criminally connected.
• Provides more protections for innocent owners.
• Increases oversight and requires detailed forfeiture reporting.
• Funnels forfeiture proceeds to a general fund rather than law enforcement.

These changes aim to curb abuses while preserving forfeiture for compelling cases. But some argue New Jersey should join states that have abolished civil forfeiture altogether.

Federal Forfeiture Remains Unchanged

The 2019 reforms only apply to state law enforcement. Federal civil forfeiture continues to operate with looser standards in New Jersey. Federal agencies like the DEA can still pursue forfeitures without convictions under federal statutes.

There are also programs that collaborate federal and state agencies to maximize forfeitures. Critics contend bypassing state reforms through federal forfeiture partnerships undermines protections.

How to Challenge Forfeitures in New Jersey

If faced with a civil forfeiture action, key steps include:

• Promptly contest the forfeiture to avoid a default judgment.
• Request an immediate hearing to claim lawful ownership.
• Gather exonerating evidence showing the property’s legal origins.
• Assert constitutional and statutory exemptions that apply.
• Seek experienced legal help to negotiate or litigate the case.

Many forfeitures go uncontested due to the costs and delays of fighting back. But reforms have improved chances to recover seized assets.

Conclusion

New Jersey has tried reforming civil forfeiture to increase fairness while preserving it as a law enforcement tool. But concerns persist about due process and improper incentives around policing for profit. Ongoing oversight and future reforms may be needed to ensure forfeiture targets truly criminal activity without unduly harming innocent property owners.

Citations

[1] Policing for Profit: The Abuse of Civil Asset Forfeiture

[2] Civil vs. Criminal Forfeiture

[3] 2C:64-1 – Property Subject to Forfeiture

[4] 2C:64-3 – Forfeiture Procedures

[5] 2C:64-5 – Seizure of Property; Rights of Owners and Others Holding Interests

[6] 2C:64-6 – Disposal of Forfeited Property; Distribution of Proceeds

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