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Application for Probable Cause to Seize Property

If your property was subject to forfeiture, then the law enforcement agency in Pinellas County that seized the property must complete certain paperwork including the “ex-parte application for seizure probable cause determination” form.

If your property was subject to seizure and the law enforcement agency that seized the property initiates a forfeiture proceeding, then contact an experienced criminal defense attorney in St. Petersburg, FL, at Morris Law Firm, P.A.. Our attorneys can help you demand an adversary preliminary hearing within 15 days of when the property is seized.

Don’t let those 15 days pass without taking the appropriate action to get your property back quickly. Call (727) 592-5885 today.

Application for Probable Cause Form

This five-page form is attached to the Sixth Circuit Administrative Order 2016-039 as Attachment A. The form provides:

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

IN RE: FORFEITURE OF:

(Description of Property)

Case No.: ________________

EX-PARTE APPLICATION FOR SEIZURE PROBABLE CAUSE DETERMINATION

COMES NOW the Petitioner, ___(insert agency___), by and through undersigned counsel, pursuant to section 932.703(2), Florida Statutes, and says:

  1. On __(date)___, ___(insert agency)___, seized for forfeiture ___(describe property)___ as more fully set forth in the attached Notice of Seizure. This application is being presented within 10 business days of seizing that property.
  2. The requirements specified in paragraph (1)(a) of section 932.703, Florida Statutes, have been satisfied based on the fact that one of the following facts exist:
    • The owner of the property was arrested for a criminal offense that forms the basis for determining that the property is a contraband article under section 932.701, Florida Statutes;
    • The owner of the property cannot be identified after a diligent search or the person in possession of the property denies ownership and the owner of the property cannot be identified by means that are available to the employee or agent of the seizing agency at the time of the seizure;
    • The owner is a fugitive from justice or is deceased;
    • An individual who does not own the property is arrested for a criminal offense that forms the basis for determining that the property is a contraband article under section 932.701, Florida Statutes, and the owner of the property had actual knowledge of the criminal activity;
    • The owner of the property agrees to be a confidential informant as defined in section 914.28, Florida Statutes; or
    • The property is a monetary instrument.
  3. The facts and circumstances surrounding the seizure are contained in the attached affidavit, which is incorporated as if fully set forth herein.

WHEREFORE, Petitioner requests an Order Finding Probable Cause for Seizure pursuant to section 932.703(2), Florida Statutes.

ATTESTATION

I HEREBY ATTEST that a copy of this Motion and attached affidavit has been submitted to the Judge this day of ____________, 20___.

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    The government is wasting no time in trying to prove your guilt, a proactive defense is imperative. Prompt and decisive action from your defense attorney is of critical importance.

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    100% satisfied with Morris law group. Melinda was able to resolve my legal issues with no additional expenses other than my original retainer. I highly recommend this firm for professional and competent representation.
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    If you want the best legal representation, look no further than Morris law firm. Melinda reassured me from the very first time we spoke over the phone. She is very professional and keeps you updated on the progress of your case. I really liked that I didn’t have to reach out to her Everything was smooth, straightforward and she put my mind at ease. You’ll be in good hands with her. Thank you Melinda
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    Mr.Shapiro helped my case by looking at the police body cam diligently which supported my testimony . He presented evidence to the prosecutor .I hired Seth Shapiro to defend me after a domestic battery charge in which I was wrongfully accused and arrested. My case was dismissed thankfully. .Couldn't have asked for a better outcome. This was an extreme difficult time for me. Seth Shapiro was knowledgeable and compassionate in my case. He followed up with my concerns. I would highly recommend this firm.
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    Melinda has represented me on numerous cases and the outcome has always been great. Melinda goes above and beyond to defend your rights and get you the best possible outcome. I highly recommend hiring her.
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    Morris Law Firm is a very professional and responsive. They closed my case in a very short terms, for what I'm very grateful. Strongly recommend them especially Seth Shapiro. He decreased my case from felony to misdemeanor in short terms and during 6 months my case was totally closed.
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