Since 1993
Vehicle Forfeiture in Orlando: The Government Can Take Your Car Before You’re Even Convicted
In Central Florida, vehicle forfeiture is a growing issue. Why? Because police departments have found an alternative means of generating revenue—by seizing and keeping your assets. The cynical truth is, even though you are “presumed innocent” in a court of law, that won’t stop the government from pursuing your car or cash long before they ever obtain a conviction.
Forfeiture proceedings are governed by the Florida Contraband Forfeiture Act (Sections 932.701-932.707, Florida Statutes). This law makes it incredibly tough to get your car back, but with the right Orlando vehicle forfeiture lawyer, it can be done.
Your Best Option: Negotiation vs. Trial
The most practical path is often negotiation with the Sheriff’s office. They are in the business of collecting revenue, and they often know that the cost of a civil trial can outweigh the value of the seized property.
- A full civil jury trial to challenge the forfeiture could cost you upwards of $10,000 to $15,000.
- The Sheriff’s office will often offer to return your car for a settlement fee, sometimes heavily discounted from the car’s market value.
Sometimes, however, the car is simply turned over to the bank that financed it. The bank, in turn, may demand that you pay the full balance before they release the vehicle. It’s a frustrating situation designed to strip you of your property, and it requires a strong advocate to navigate.
The Procedural Battle: The Adversarial Hearing
Once law enforcement seizes your car in Orange, Seminole, or Osceola counties, the government is required to send you a Notice of Seizure. This notice explains your right to a Preliminary Adversarial Hearing.
If requested, this hearing must be set with a judge within ten (10) days. This is your first shot at getting your vehicle back, and here’s what you need to know:
- The Burden of Proof: The Sheriff’s office must prove by clear and convincing evidence that your car is subject to forfeiture.
- The Nexus Requirement: They must prove a “nexus,” or link, between your car and illegal activity. This can be tricky. For example, the Florida Supreme Court has held that even if no drugs were found in the car, its use to simply drive to and from drug transactions was enough to subject the car to forfeiture.
- The Best Defense: An illegal stop is often the best way to win this preliminary hearing. If we can prove that no probable cause existed to stop or search the car, we can suppress the evidence and get your vehicle back immediately.
A judge’s ruling at this preliminary hearing does not affect any future lawsuit against the Sheriff’s office for the return of your vehicle, so there is little risk in fighting this first battle.
Powerful Legal Defenses to Forfeiture
If we move beyond the preliminary hearing, there are strong legal arguments that can defeat the government’s claim to your property.
- The “Innocent Owner” Defense: This is a common defense. If you can prove that you, as the owner of the vehicle, did not know the car was being used in criminal activity, you may get the car back. Be warned: the forfeiture may be upheld if the court determines you “should have known” the car was being used illegally.
- The “Excessive Fine” Defense: The seizure of an expensive car can sometimes amount to an excessive fine under the Eighth Amendment. This involves a two-part analysis:
- Proportionality Test: This compares the value of the motor vehicle to the maximum criminal fines that could be imposed for the underlying crime.
- Instrumentality Test: This examines how extensively the car was used in the commission of the crime. For instance, a Florida court once held that a car’s use merely to carry and smoke marijuana was insufficient to meet the strict instrumentality test required for forfeiture.
With over three decades of experience practicing criminal defense in Orlando, I understand how to use these defenses to protect your property and your rights.
John’s Takeaways
Negotiation often saves money. Because civil trials are expensive, negotiating a settlement with the Sheriff’s office is often the most cost-effective path to getting your vehicle back.
Forfeiture is about revenue, not justice. The government seeks to seize your property before a conviction, using it as a source of funding.
The Preliminary Hearing is critical. You have a right to challenge the seizure within 10 days, and an illegal traffic stop is the best way to win this early on.
They must prove a “nexus.” The State must prove a clear link between your vehicle and illegal activity. Simply driving the car near a crime scene may be enough, but it can be challenged.
The “Innocent Owner” defense is powerful. If you didn’t know your car was being used for a crime, you have a strong legal argument, but you must act quickly.
About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.
Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.
Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.
When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.
If your car or assets have been seized under the Florida Contraband Forfeiture Act, don’t try to navigate this complex civil process alone. Call my Orlando office today at (407) 423-1117 for a free consultation.