If they're going to argue that a preliminary hearing is redundant, then there needs to be a definition of the word "timely" that does not include phrases like "when we've finished investigating" or "eventually, if we get around to it". Set a reasonable time period after which your property is automatically returned if a hearing hasn't taken place yet. If there's a hearing later that rules that you're not entitled to the property then they can easily retrieve it.
Even better, cut a check to the innocent owner for at minimum the interest due on the assumed value of the property for the time it is out of their custody. Determining value is trivial when cash is seized at checkpoints presupposing some nefarious purpose.
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