Civil asset forfeiture is the process that allows the police to legally seize and forfeit your property, including vehicles, money, and real estate, if they suspect that the property is used in a crime. The forfeiture happens without necessarily being charged or convicted of a crime. In this case, the property is considered the defendant, instead of the owner. However, mistakes happen in processes like these, resulting in the loss of property by innocent people. You should be able to defend your rights and fight for your property if facing civil asset forfeiture in California or elsewhere.

At Asset Forfeiture Attorney, we know how complex such processes can be. We can advise you on your rights and options and develop a solid plan to fight for your property in court. We will also smooth out all the legal processes for you and fight for the best possible outcome in your situation.

An Overview of Civil Asset Forfeiture

If the police suspect that your property is used in committing a crime, they apply civil asset forfeiture, a legal process that involves seizing and forfeiting the property. Civil asset forfeiture affects private and public property alike. You can lose your real estate property, money, vehicles, and anything else you own, which could have been involved in crime. Generally, people suspected of using their property in crime end up losing it to the police through this process. However, this has not always been the case because even innocent, law-abiding citizens are now affected. All the police need is to suspect your property of criminal engagement to seize and forfeit it.

Thus, losing your property through civil asset forfeiture does not necessarily mean it has been involved in crime. Mistakes happen in these processes, which can cause you to lose your property. For example, if the police receive wrong information regarding your vehicle, or you are falsely accused of funding criminal activity, you could wrongly lose your property to forfeiture. Fortunately, you can fight back with proof that the police are mistaken to recover what you have lost. A competent asset forfeiture attorney can gather evidence and develop a solid defense to cause the court to rule in your favor.

When the police seize your property, they must obtain proof in court that the property is connected to a crime. They will then initiate a court process to forfeit the property, where they provide the evidence gathered. If there is sufficient evidence that your property is connected to criminal acts, a civil court will rule that the police forfeit your property. This can happen even if you are not facing criminal charges for the underlying crime. Remember that your criminal involvement is not questioned here, but your property’s. The civil court’s ruling is not dependent on the outcome of a criminal case.

Civil asset forfeiture serves an excellent purpose if done well and against people genuinely involved in criminal acts. Its goal is usually to disrupt or stop criminal activity by eliminating proceeds or tools that the crime depends on. For example, if you are suspected of funding drug crime or gang activity, eliminating the funding will disrupt the activity and probably stop the crime. If your vehicle is used for human trafficking, the police can seize it to disrupt the trafficker’s activities. This can prevent the underlying crimes or make it easy for the police to arrest the perpetrators.

Sadly, civil asset forfeiture has affected even innocent, law-abiding people. If the police have wrong information about your property being involved in a crime, they will initiate the legal process against you by first seizing it and seeking the court’s approval to forfeit it. This rigorous process could be complicated to navigate without an attorney’s help. You also need solid evidence to defend your property from forfeiture. If you cannot build a strong case against the police, you can lose your property even if the police had wrong information about your involvement in a crime.

Possible Outcome of a Civil Asset Forfeiture Case

If the police suspect your property is involved in criminal activity, you can lose it to asset forfeiture. However, this can change if you fight against the forfeiture with the help of a skilled attorney. Here are possible outcomes of these civil cases and how you can protect your property and yourself:

Property Seizure

The first thing police do if they suspect your property is involved in a crime is to seize it. This can happen in various ways, depending on the type of property in question. If it is a car, the police will hold it until they obtain a court order to forfeit it. If it is a real estate property, the police will forbid you from entering or using it until the judge gives the final verdict. If the property is money, the police will obtain a court order to freeze your bank accounts or take the money as evidence (if it is cash).

You cannot access or use the property once the police seize it.

Legal Action Against Your Property

Civil asset forfeiture will likely result in the police taking legal action against your property. This includes filing a civil case and petitioning the court to allow the police to forfeit the property for its involvement in crime. Remember that the court takes action against the property, not you, the owner. You can lose your property permanently if the police forfeit it after winning the case against you.

However, the government must prove with a preponderance of evidence that your property is connected to a criminal activity. This will determine the judge’s final verdict in the matter.

Forfeiture or Return of the Property

The outcome of the civil case will determine whether the police will forfeit your assets or return them to you. Thus, you must fight the seizure with evidence and the help of a competent asset forfeiture attorney to avoid losing the property to the state. You can receive it back if you have compelling evidence that your property is not involved in crime. However, if the police’s evidence is more substantial, you can lose your property to forfeiture.

In some cases, an out-of-court settlement is sought, whereby a property owner surrenders a part of their property to the police to prevent further action against their property. If the police have strong evidence against your property, this can work in your favor. Your attorney will advise on your options and help you achieve the best possible outcome.

Remember that the police have been criticized for violating property rights and interfering with due process in civil forfeiture. The process is generally unfair to some property owners and sometimes unconstitutional. Sometimes, the police have been accused of initiating such processes for personal gain. Retaining an experienced attorney should be your priority to avoid losing your property unfairly or illegally to the police. Your lawyer will ensure that the proper legal processes are followed and that the judge’s final verdict is fair, according to the evidence provided.

What To Do in Case of Civil Asset Forfeiture

Remember that the police act quickly once they learn about your property’s involvement in crime. You can lose your vehicle or real estate, or have your bank accounts frozen without warning. This will cause a significant disruption in your life, especially if you or your family rely heavily on the seized assets. However, you can act quickly to prevent delays in returning your assets. Here are some of the things you can do to help your situation:

Take Immediate Action

Civil asset forfeiture cases can progress very quickly within a short period. Additionally, asset forfeiture will prevent you from accessing your property, whether a vehicle, home, or money. Acting fast ensures the ban on access is lifted sooner rather than later. Then you can move on with your life as before. You can hire an attorney to help you understand your legal situation and options. Your attorney will also find evidence against your property to plan for defense.

Understand the Legal Process

Take time to understand the legal processes involved after civil asset forfeiture to know what to expect. A skilled asset forfeiture attorney can help with that. They will explain the legal processes the police will follow after a seizure, such as when the court grants them the right to forfeit the property.

Civil asset forfeiture takes a different process from everyday legal matters, including criminal cases and civil lawsuits. Once the police seize your property, they file a civil case, seeking the right to forfeit your property for involvement in crime. Through the process, the government will provide evidence to support its claim. The evidence needed in this case is a preponderance of evidence, usually a lower burden of proof than the evidence required in a criminal court. Since the chances of losing your property are generally high, you must gather evidence to counter the government’s claim to win the case.

Build a Solid Defense

A successful civil asset forfeiture case can result in the permanent loss of your property, whether it is your vehicle, home, business, or money. However, you can prevent that through a solid defense against the government’s claim. Remember that the claim against your property is that it was used in the commission of a crime or was acquired through criminal activity. If this is not the case, you should be able to fight the claim to prevent asset forfeiture by the police.

With the help of a competent attorney, you can review the evidence against you to look for loopholes through which you can weaken the government’s case. Your lawyer can access the police evidence to determine its validity and strength. Your lawyer can also help you gather evidence to counter the government’s claim. For example, if you are accused of obtaining money through criminal activities, you can provide proof of legitimacy to counter the allegations.

Your attorney will also determine how the police seized your property to determine whether the seizure was legal. If the police violated your or your property’s rights, your lawyer can use that violation to fight for a favorable outcome in your case. If the seizure is unconstitutional, the court cannot grant the government the right to forfeit it.

Alternatively, your lawyer can negotiate for a favorable resolution with the government. This can sometimes work if the government is willing to settle the matter out of court. A settlement or plea deal will protect you from the intense legal process, save time and money, and minimize the impact of the forfeiture. However, if the government agrees to settle the case, you can lose part of your property.

Have Legal Representation

If the case goes to court, you need excellent legal representation to fight for the best outcome in your case. A competent asset forfeiture lawyer will ensure your rights are protected and your best interests are served by the end of the court process. They will also use the best defense against the government’s claim to protect your property from forfeiture.

For example, your lawyer can argue that you are an innocent owner of the property in question. They can demonstrate that you are unaware of the property’s involvement in illegal activity. If the police have strong evidence to prove otherwise, your lawyer can argue that you are innocent or unaware of that involvement. This can cause the judge to return the property to you.

Your lawyer can also argue that there is no connection between your property and the crime. It could be that the police are mistaken about your property’s involvement, or someone provided misleading information to the police. You can fight the forfeiture if you prove that your property is not involved in the crime.

If the seizure on your property is disproportionate to the crime, your lawyer can cause the court to overturn or reduce it. The seizure or forfeiture should match the magnitude of the crime. If it is done excessively, you should be able to recover part of your property.

Find an Experienced Asset Forfeiture Attorney Near Me

Civil asset forfeiture in California and other parts of the country can result in the loss of your property, even without facing criminal charges or a conviction. The police will likely seize and forfeit your property if it is involved in a crime or is obtained through criminal acts. However, you can fight it if you are innocent, the police violated your rights, or it was done excessively. A skilled attorney will review your case and the evidence against you to develop a strong defense against the charges.

At Asset Forfeiture Attorney, we understand how devastating it is to lose property you have worked very hard to acquire. We can help you navigate the complicated legal processes, understand your rights, and develop a solid defense to protect your property from forfeiture. Contact us at 888-571-5590 for more information about civil asset forfeiture and our services.