Dylan C. DiLibero, Esq.
Attorney
Criminal defense, state and federal · Personal injury · Civil litigation
View profileConnecticut state bar; New Jersey state bar and U.S. District Court for the District of New Jersey.
Criminal defense · State & federal
Asset Forfeiture Defense in Rhode Island, Massachusetts, New Jersey and Connecticut
DiLibero & Associates in Providence handles Rhode Island, Massachusetts, New Jersey and Connecticut civil and criminal asset forfeiture involving seized cash, vehicles, bank funds and other property. Civil forfeiture can put property at risk even without a criminal charge; criminal forfeiture follows different rules.
What’s at Stake
A seizure does not always mean the government may keep your cash, vehicle, bank funds, or real estate. Civil forfeiture can proceed without a criminal charge or conviction, while criminal forfeiture is tied to a prosecution and generally follows a conviction. The governing law, property type, notice, owner’s interest, and evidence determine the available response.
Deadlines differ by jurisdiction and procedure. A federal administrative notice must allow at least 35 days from mailing for a claim; publication-only notice follows a different rule. Rhode Island has specific civil drug-forfeiture claim windows, while Massachusetts provides its own notice and hearing process. Preserve every notice and contact counsel promptly so the correct procedure can be identified.
Prepare for an Asset Forfeiture Consultation
Start with the papers you actually received and identify the cash, vehicle, account or other property involved. You can contact our Providence office before you have every record. For the initial screening, give us the names of the people, businesses and agencies involved and the dates printed on the papers.
- Notice and delivery record. Keep the seizure receipt, forfeiture notice, envelope, tracking information and any later correspondence together. Note when and how each item arrived.
- Property and ownership. List the property description, account or vehicle identifiers, the person or business claiming an interest, and any existing title, purchase, loan or ownership documents.
- Available financial records. Identify existing statements, withdrawal records, invoices, sale documents or other records relevant to the property or funds. Keep originals and identify any missing records.
- Related proceedings. List each agency or court, case number, attorney contact and upcoming date shown in a notice, including any separate criminal or civil matter.
Use a short chronology and distinguish what you remember from what a document says. After the initial conflict check, we can explain how to provide records for review. Related preparation: white-collar investigation records and federal court papers.
Situations We Handle
Civil Asset Forfeiture
In civil forfeiture, the government may file a case against property without charging its owner with a crime. A timely claim can bring the dispute before a court, where the applicable law determines what each side must prove.
Criminal Asset Forfeiture
When forfeiture is part of a criminal prosecution, the government seeks to strip assets at sentencing. We challenge the nexus between the property and the alleged offense through pretrial motions, trial, and sentencing.
Federal Forfeiture
Most federal civil forfeitures by agencies such as the DEA, FBI, and IRS-CI follow the Civil Asset Forfeiture Reform Act (18 U.S.C. § 983) and its strict deadlines. Customs seizures under Title 19, often handled by HSI and CBP, follow separate procedures. We handle federal forfeiture at the administrative and judicial levels for matters in Rhode Island, Massachusetts and New Jersey.
Cash & Currency / Vehicle Seizures
Large cash seizures are common in traffic stops and drug investigations. Vehicles used in drug offenses can be forfeited in a separate proceeding that runs alongside the criminal case, and in Rhode Island a repeat DUI conviction can lead to a vehicle being seized and sold at sentencing. We run the forfeiture proceeding in parallel with the criminal defense.
Forfeiture Rules in Rhode Island, Massachusetts, and Federal Court
Rhode Island
Rhode Island drug-related forfeiture may be pursued through civil or criminal procedures. State law addresses property allegedly connected to specified drug offenses and protects certain owners without knowledge or consent. In a civil proceeding, the notice and the type of filing determine the claim deadline; some claims must be filed within 30 days after the earlier of receipt of written notice or final publication. Criminal forfeiture follows the rules of the criminal case, and third-party claims have a different procedure.
Massachusetts
Massachusetts General Laws chapter 94C, section 47, governs drug-related forfeiture of specified property, including certain vehicles, money, and real estate. The statute includes particular rules for notice, hearings, burdens of proof, and owner interests. The Commonwealth’s initial showing and an owner’s response must be evaluated under the provision that applies to the property; there is no single deadline or defense for every seizure.
Federal
Federal civil drug forfeiture may arise under 21 U.S.C. § 881, with claim and judicial procedures under 18 U.S.C. § 983. A mailed administrative notice must give at least 35 days from mailing to file a claim; when notice is only published, a different deadline applies. In a federal judicial civil case, the government generally must prove forfeiture by a preponderance of the evidence. Criminal drug forfeiture under 21 U.S.C. § 853 follows a conviction and has separate procedures for third parties. Customs and other agency-specific seizures can follow different rules.
Our Approach
We identify the applicable filing window right away so the claim can be filed on time. In federal administrative forfeiture, the claim is due by the date stated in the notice letter, which must be at least 35 days after mailing (18 U.S.C. § 983(a)(2)(B)).
The government must connect your property to criminal activity. We challenge that connection at every stage: before trial, at hearings, and at trial.
In criminal asset seizure cases, the government must connect your property to criminal activity. We challenge that connection.
If you did not know about the illegal use of your property, or did all that reasonably could be expected to stop it once you learned of it, we build the record to prove it (18 U.S.C. § 983(d)).
A punitive forfeiture violates the Eighth Amendment’s Excessive Fines Clause when it is grossly disproportional to the gravity of the offense (United States v. Bajakajian). That protection applies in state cases too (Timbs v. Indiana). We raise proportionality arguments when the taking is out of line with the alleged offense.
Not every case needs to go to a hearing. We can negotiate for the return of seized assets with the seizing agency, the U.S. Attorney’s Office, the Rhode Island Attorney General, or the Massachusetts District Attorney, and we file petitions for remission or mitigation where they apply.
What Happens Next
From the first call to the work itself.
We Answer
When you contact us, you are not entering a queue.
What we do. Call 401-621-9700 or request a consultation online. We take your details and check for conflicts of interest before we discuss your matter.
What to prepare. Your contact details, the property involved, and the name of the agency identified in the seizure notice.
We Listen
We will give you honest answers about where you stand and what your options are.
What we do. An attorney reviews what happened, the documents you have, and any deadlines that may apply, then talks you through your options.
What to prepare. The seizure or forfeiture notice, any related court papers, and the dates shown on the notice.
We Fight
We prepare every case as though it’s going to trial.
What we do. If you decide to hire the firm, we confirm the engagement and get to work, and you know who is handling your matter.
What to prepare. Keep any new notices, letters, or court papers and send them to us as they arrive.
Every matter is different, so the steps and how long each one takes vary.
Who Handles This Work
Client Reviews from Google
Trustworthy, professional, and knowledgeable. DiLibero & Associates took the time to explain everything clearly and always made me feel informed throughout the process. Their honesty, responsiveness, and attention to detail gave me confidence every step of the way. I highly recommend them to anyone looking for legal representation they can trust.
Translated from the reviewer's original English on Google.
Tony LevadaOur go to! We have utilized DiLibero & Assoc for a few years now and highly recommend. They are easy to reach, operate in a timely manner, and in each instance- they guided us and handled our situations surpassing our expectations. So grateful to always know exactly where to turn! And to actually get resolution. On top of that being treated with dignity and respect- definitely minimizes the stress when going through difficult predicaments.
Translated from the reviewer's original English on Google.
Aimee ZwolinskiOne of the best experiences i’ve ever had legally was with this firm! Lisa and Dylan are extremely professional and determined to get you a desirable outcome! They kept me well informed throughout the entire process and were nothing but professional, understanding, and helpful. I will always recommend this firm due to its staff’s dedication to getting you results that matter!
Translated from the reviewer's original English on Google.
Elaina MI had a great experience working with Dylan. He helped guide me through a situation I was dealing with involving a car dealership, and from the start he was professional, knowledgeable, and very easy to work with. Dylan took the time to explain everything clearly and made sure I understood my options every step of the way. Even though the situation didn’t require anything overly complicated, it was clear that Dylan really knows his stuff and genuinely cares about helping his clients. He was responsive, straightforward, and made the entire process much less stressful. I would absolutely recommend Dylan to anyone looking for a reliable and trustworthy attorney. Thanks again for your help!
Translated from the reviewer's original English on Google.
Stephensilva SilvaI couldn’t be more impressed with Delibero and Associates. From my very first consultation, they were attentive, professional, and genuinely cared about my case. Dylan took the time to explain every step of the process and kept me informed the entire way. Their expertise and attention to detail gave me complete confidence that I was in excellent hands. What stood out most was their compassion, they treated me like a person, not just a client. The entire team worked efficiently, communicated clearly, and delivered results that exceeded my expectations. If you’re looking for a law office that combines deep legal knowledge with true dedication to their clients, I highly recommend Delibero and Associates. They turned a stressful situation into a positive outcome.
Translated from the reviewer's original English on Google.
Michael MarzilliTestimonials reflect individual experiences. Prior results do not guarantee a similar outcome.
Reviews describe individual clients’ experiences. Every matter is different.
Read all reviews on Google (opens Google Maps in a new tab)
Frequently Asked Questions
Generally, yes. Civil asset forfeiture allows the government to seize property it has probable cause to believe is connected to criminal activity, without charging the owner. You are not the defendant in these cases. Your property is. It is up to you to file a timely claim contesting the seizure, which is why acting quickly matters.
It depends on whether the forfeiture is federal or state, and whether it’s civil or criminal. In a federal administrative forfeiture, the claim deadline is the date stated in the notice letter, which must be at least 35 days after it is mailed. In certain Rhode Island civil drug-forfeiture proceedings, a claim may be due within 30 days after the earlier of receipt of written notice or final publication; other proceedings have different rules. Missing the window can permanently waive your right to contest. Call us before doing anything else.
Federal law protects an owner who did not know of the illegal use of the property or who, upon learning of it, did all that reasonably could be expected to stop it. The owner must prove this by a preponderance of the evidence (18 U.S.C. § 983(d)). Rhode Island and Massachusetts law have their own innocent-owner protections with different tests. This is fact-specific and needs to be built carefully with counsel.
In civil forfeiture, yes. A criminal acquittal doesn’t automatically result in the return of property. The civil and criminal proceedings are legally separate, with different standards of proof. We handle both tracks at the same time to protect your property in each one.
That can raise a constitutional issue. In Timbs v. Indiana (2019), the Supreme Court held that the Eighth Amendment’s Excessive Fines Clause applies to the states, which reaches punitive forfeitures. If the taking is grossly disproportionate to the alleged offense, we challenge it on that ground. In federal civil cases, a court can also reduce or eliminate a grossly disproportional forfeiture (18 U.S.C. § 983(g)).
The first call is free. We’ll review the seizure notice, identify the applicable deadlines, and give you an honest assessment of the case before you make any decisions about representation.
