What Is the Statute of Limitations for NYC Asset Forfeiture?

If local NYC law enforcement has reason to believe your property is connected in some way to a crime, they may try to take it, even if you’re never convicted or charged. This process, called asset forfeiture, can feel overwhelming and unfair. It is understandable that you may wonder, “What is the statute of limitations for NYC asset forfeiture?” The statute of limitations is key as it offers a legal safeguard for property owners.

Understanding NYC’s Statute of Limitations for NYC Asset Forfeiture

In just the first quarter of 2025, the New York Police Department has had a total of 26,252 crimes reported. As you can imagine, countless items of property are connected to these crimes, so it is vital that property owners understand their rights in protecting their property if it gets caught up in a crime. The laws around asset forfeiture can be complex, and failing to act quickly could mean permanently losing property, even without a criminal conviction.

In New York City, there is a statute of limitations in place for asset forfeiture. The specific deadline will depend largely on the type of forfeiture proceeding the government initiates, either criminal or civil. The time limits are governed by the state and create strict boundaries on how long the government has to act.

For civil asset forfeiture, no criminal conviction is needed. Instead of this conviction, the government can take action against the property itself under the New York Civil Practice Law and Rules (CPLR) Article 13-A. This is usually used for assets that are tied to felonies such as drug offenses, fraud, or enterprise corruption.

The time limits for civil forfeiture are five years from the date the crime was committed or two years from the date the government discovered or reasonably should have discovered the property or its criminal connection, whichever is later. This protects owners from indefinite liability.

For criminal forfeiture that is part of a criminal prosecution, a conviction is needed, and the forfeiture usually is resolved during sentencing. The timeline for criminal cases will defer to that of the underlying crime itself. If the government fails to adhere to the statute of limitations, they are not able to pursue forfeiture as part of the criminal case.

If you are facing a potential forfeiture or have already received a notice of a New York City asset forfeiture case, knowing the statute of limitations may be your first and most powerful line of defense. Knowing when the government’s window to act expires could make the difference between keeping and losing valuable property. Legal advice is essential, and a strong grasp of your rights and the applicable deadlines is the first step to protecting what’s yours.

Hire Asset Forfeiture Attorney Jonathan Savella

You have options when it comes to just about anything in New York City, and when it comes to protecting your property, you should hire an asset forfeiture lawyer you can trust. Jonathan Savella has spent fifteen years practicing alongside many of NYC’s highest-profile attorneys and has represented a wide spectrum of clients, giving him the experience and legal understanding to handle each case with diligence and mastery.

FAQs

Q: What Is the Asset Forfeiture Law in New York?

A: The asset forfeiture laws in New York State allow law enforcement agencies to seize property that is connected to criminal activity. These laws are designed to deprive criminals of the proceeds of their crimes, disrupt criminal enterprises, and deter illegal conduct. In New York, you can have both civil and criminal forfeiture. A criminal forfeiture will happen after a criminal conviction, and a civil forfeiture can have a claim filed against the property itself.

Q: What Is the Statute of Limitations on Asset Forfeiture?

A: In New York, the statute of limitations for asset forfeiture will depend on whether the forfeiture is civil or criminal and if it’s pursued under state or federal law. If you’ve received a forfeiture notice, you likely have a strict deadline to respond, or you may completely lose the property by default.

Q: How Much Is a Criminal Defense Attorney in NYC?

A: The cost of a criminal defense attorney in New York City can vary significantly, as it is often based on the unique details of each individual case. A lawyer’s fees typically represent their experience level and reputation, as well as the location. A more serious charge that requires a more complex legal case may end up costing more overall than a straightforward, clear case that doesn’t need to go to trial.

Q: Can Police Seize Property Without Charging You With a Crime in New York?

A: Yes, under civil asset forfeiture laws in New York, police can seize property even if you’ve not been formally charged with a crime. For example, if you lent your car to someone who was later caught transporting drugs, police can seize the car even if you were not in it, were not charged with the crime, or you had no idea what they were doing. You would likely need to go through a legal process to get the car back.

Q: What Happens to Property After It’s Forfeited in New York?

A: When property is forfeited to New York State, it typically becomes the permanent property of the government, and three things may happen. The property may be sold at an auction, it may be used by law enforcement, or it may be destroyed, depending on the type of asset. The proceeds from the sale of any forfeited property are usually divided between the District Attorney’s office, the police department, and other state or city agencies.

Hire an Asset Forfeiture Lawyer in NYC Today

If you have further questions around the specifics of asset forfeiture’s statute of limitations or feel you have faced a wrongful forfeiture, it is time to reach out for trustworthy legal support. Set up an initial consultation with the Law Office of Jonathan Savella today and get the help you deserve. You can reach out online, by phone, or visit us in our office located on Exchange Place.