In order to deprive criminals of the fruits of their crimes and to act as a deterrent against future crimes, New Jersey law permits the forfeiture of property that has been used, or is intended to be used, in furtherance of an unlawful activity. Forfeiture means a seizure of property and the termination of the owner’s rights in that property. Some examples of items that are subject to forfeiture include: cash that is used to purchase drugs, vehicles that transport drugs or illegal weapons, computers that house child pornography and buildings from which drugs are distributed or illegal gambling is conducted.

For items other than prima facie contraband, the State must institute a civil action before the Superior Courts in order to extinguish a person’s rights in his/her property. The Passaic County Prosecutor’s Forfeiture Unit is responsible for handling these civil suits. In addition, the unit maintains records pertaining to property seized from persons arrested within Passaic County, as well as the records of funds forfeited by and distributed through federal agencies to local police departments, the Sheriff’s Department and Prosecutor’s Office. If the court orders a forfeiture of property, then the Forfeiture Unit must apportion and distribute shares to all law enforcement agencies involved in the case. The unit provides continuous legal advice to municipal police departments.

Forfeited monies or the proceeds of sales of forfeited property are used to purchase law enforcement equipment and for law enforcement training. Both the procedures to forfeit property and the use of property after forfeiture are subject to strict guidelines promulgated by the Attorney General’s Office.