An Adversarial Preliminary Hearing is a court proceeding where a judge determines if probable cause exists to believe that seized property has been used in violation of the Florida Contraband Forfeiture Act.
During this hearing, the judge will review evidence presented by law enforcement as well as any potential claimants. Evidence can include documentation, financial records, photographs, videos, physical evidence, forensic evidence, and witness testimony.
It is important to remember that an Adversarial Preliminary Hearing is just that – a preliminary hearing. It is not a trial on the merits, it is not the end all/say all in your case, and it isn’t the last chance you will get to fight back. The hearing exists to see if there is a basis for law enforcement to continue to seize your property pending the outcome of the forfeiture action.