New Jersey’s Asset Forfeiture Laws: What You Need to Know

New Jersey has some of the broadest civil asset forfeiture laws in the country, allowing law enforcement to seize property allegedly connected to a crime without even filing criminal charges. Section 2C:64-1 of New Jersey statutes outlines the types of property subject to forfeiture, including controlled substances, firearms, vehicles, money, and real property.

What Property Can Be Seized Under Asset Forfeiture?

Under New Jersey law, the following types of property are subject to forfeiture:

• Controlled dangerous substances
• Firearms, ammunition, and weapons involved in violations of the Comprehensive Drug Reform Act of 1987
• Vehicles used or intended for use in transporting or facilitating the transportation of controlled dangerous substances
• Money, negotiable instruments, securities, or other things of value used in violations of New Jersey’s laws against racketeering and criminal usury
• Real property used or intended to be used to facilitate the commission of violations of New Jersey’s laws against racketeering and criminal usury

Law enforcement can also seize property that constitutes proceeds of illegal activity under New Jersey’s money laundering statutes. This includes proceeds of illegal gambling, prostitution, bribery and extortion.

How Asset Forfeiture Works in New Jersey

Under civil asset forfeiture laws, law enforcement can seize property without even filing criminal charges. The property itself is considered “guilty,” leading to some criticism that these practices violate due process rights.

After seizing property, law enforcement must notify any owners of their intent to forfeit the assets. Property owners then have 30 days to file a claim and challenge the forfeiture. If no one contests the forfeiture, law enforcement can automatically keep the seized assets. Contested cases may lead to settlements or judicial forfeiture proceedings.

Burden of Proof in Forfeiture Cases

One controversial aspect of New Jersey’s laws is the burden of proof. In most civil litigation, the standard is “preponderance of evidence” – meaning the plaintiff must show the defendant is more likely at fault than not. But in asset forfeiture cases, the property owner bears the higher burden of proving their innocence with “clear and convincing evidence.”

This flipped burden of proof makes it extremely difficult for people to contest forfeitures. Law enforcement only needs to show mere suspicion to seize assets, whereas property owners must somehow prove a negative to recover their own property.

Criticisms and Attempts at Reform

Civil liberties groups like the ACLU and Institute for Justice have called out New Jersey for having some of the worst asset forfeiture laws in the nation. They argue the current statutes violate due process rights and undermine property rights.

Some concerns with New Jersey’s forfeiture laws include:

• Low burden of proof for law enforcement seizures
• Lack of transparency and reporting on forfeitures
• Failure to appoint counsel for indigent property owners
• Financial incentives for law enforcement to pursue forfeitures

Over the years, there have been several attempts to reform forfeiture laws in New Jersey. In 2019, Senator Nellie Pou introduced a bill to increase burden of proof for forfeitures, improve transparency, and add other procedural protections. However, the bill failed to advance under opposition from law enforcement lobbying groups. Reform advocates vow to continue pushing for changes to what they see as abusive practices.

Defenses and Challenges to Forfeiture

If you find your property subject to forfeiture in New Jersey, it can be an uphill battle to get it back. However, working with an experienced attorney provides the best chance to challenge unlawful seizures. Potential defenses and strategies may include:

• Filing a claim within 30 days demanding return of property
• Challenging violations of due process rights
• Disputing the legal basis for forfeiture
• Arguing an “innocent owner” defense if assets were used without consent
• Negotiating a settlement agreement with prosecutors

The deck is often stacked against property owners in forfeiture cases. Prosecutors may try to pressure individuals into unfavorable settlements by withholding access to needed vehicles, cash, homes or other assets. However, hiring legal counsel levels the playing field and helps ensure your rights are protected.