Notice of Seizure
Under the procedures outlined in Sixth Circuit Administrative Order 2016-039, law enforcement agencies in Pinellas County, FL, must provide a notice of seizure form. The form describes the seized property allegedly involved in a violation of the Florida Contraband Forfeiture Act, §§ 932.701– 932.7062, Florida Statutes.
The procedures used in Pinellas County are outlined in Sixth Circuit Administrative Order 2016-039. The notice of seizure form is included as “Attachment B.”
The notice explains your fight to demand an adversarial preliminary hearing to determine whether there is probable cause to believe the property was properly seized. Act quickly because you only have fifteen (15) days to demand the adversarial preliminary hearing.
Attorneys for the Notice of Hearing in St. Petersburg, FL
If your property was seized by a law enforcement officer in Pinellas County, FL, then contact an experienced criminal defense attorney to find out how to fight for the return of your property. Always be sure to file a demand for an adverse preliminary hearing within 15 days of the seizure.
Call the attorneys at Morris Law Firm, P.A. to discuss your rights. Call (727) 388-4736 today.
NOTICE OF SEIZURE
REPORT NO.: __________________
CASE NO.: _______________
DATE: ________________________ (To be filled in by Clerk of the Court)
TO: _______(Claimant’s Name)_____
RE: (Description of Seized Property)__________________________________________
This is to advise you that on ___Date___ the _______Seizing Agency_____seized the above-referenced property for a violation of the Florida Contraband Forfeiture Act, §§ 932.701– 932.7062, Florida Statutes.
YOU ARE HEREBY NOTIFIED that you are entitled by law to request an adversarial preliminary hearing to determine whether there is probable cause to believe the property was used in violation of the Act.
PLEASE NOTE that the adversarial preliminary hearing is not mandatory and you need not request a hearing to later contest the action taken against the property described herein. Each claimant will be given the opportunity to appear in court before final disposition of this matter.
IF YOU DESIRE SUCH A HEARING, you must make a request in writing by certified mail, return receipt requested, to ________(Name of Seizing Agency)_______ at the address listed below, within fifteen (15) days of receiving this Notice. This request must be accompanied by a copy of this Notice. The seizing agency will notify you of the time, date, and place of that hearing.
I HEREBY CERTIFY that I have:
____ provided a copy of this Notice to the person named above, or
____ forwarded a copy of this Notice by certified mail, return receipt requested, to _____________________________________ (person or entity to which Notice was sent) this ______ day of ________________, 20___. _____________________________________
Seizing Officer/Person Sending Notice
I HEREBY CERTIFY that I have:
_____ received the foregoing Notice apprising me of my right to post-seizure adversarial hearing.
(Name of the Law enforcement agency in Pinellas County)
(Person ID/Fla. Bar Number) (Telephone Number)
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Human Rights Office, 400 S. Ft. Harrison Ave., Suite 300, Clearwater, FL 33756, (727) 464-4062 (V/TDD) at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711.
This article was last updated on Friday, July 28, 2017.