Civil Forfeiture Defense

Civil Forfeiture Defense Attorney Michael A. Montesano

Serving Nassau County, Suffolk County and New York City

Civil forfeiture is a legal process allowing the government to seize private property that is believed to have been used or gained in the act of a crime. The government then sells the property and keeps the proceeds. Too often the government improperly seizes personal property that is not connected to a crime or the government will confiscate private property from innocent citizens, such as from a landlord that has leased the property to a tenant that has been charged with a drug offense. If this has happened to you, get an experienced attorney with a track record of success in helping to protect you and your assets from the law of civil forfeiture. 

Asset Forfeiture

If you are convicted of a crime, such as drug trafficking, the government can move to seize everything believed to be connected to the criminal enterprise: Money, jewelry, artwork, homes, cars and boats. The authorities can freeze the assets and auction them off. The key is to free up those assets for your defense and try to disprove the nexus between those items and the alleged criminal enterprise.

Vehicle Forfeiture

In a recent case, County of Nassau v. Canavan, I challenged Nassau County's Administrative Code. The Code gave the county authority to seize the vehicles of people arrested for DWI. The state's highest court, the Court of Appeals, held that the Code was unconstitutional, and as a result, the county had to return to the owners approximately 1,800 cars seized before the favorable decision. In addition, Nassau County had to revamp the law to provide the accused with several affirmative defenses, including innocent owner and hardship relief.

A Commitment to Community and Clients

I am not your stereotypical lawyer. I've been a lawyer for approximately 20 years, but prior to becoming a lawyer I was an investigator and EMT lieutenant with the New York City Emergency Medical Service and a police officer and detective with the New York Police Department. I know people and I know how to represent them in civil forfeiture cases.

If you need an experienced, aggressive lawyer to fight for you and your property, contact me by e-mail or call 516-759-8469 for a free initial consultation. Credit cards are accepted. Evening and weekend hours are available by appointment.

Michael A. Montesano, P.C.
14 Glen Street, Suite 308
Glen Cove, New York 11542
Telephone: 516-759-8469
Fax: 516-759-3801
Map and Directions

Attorney Michael A. Montesano, P.C., serves clients in NYC, Glen Cove, Mineola, Locust Valley, Bayville, Sea Cliff, Hempstead, Garden City, Great Neck and Manhasset, NY. He also serves the other communities of Nassau County, Suffolk County, Kings County and Queens County, New York, in addition to the five boroughs of New York City.