Civil, criminal and administrative asset forfeiture laws allow the government to take the private property of everyday citizens, sometimes with only the most tangential connections to criminal activity. Or none at all. 

These unjust seizures of property can be challenged, though few Californians are aware of their right to do so, much less how. If this happens to you, and your initial request is denied, then you have a very short window in which to appeal, and you better make sure you get everything right the second time around.

That is where attorneys like Jacek Lentz come in. Having an asset forfeiture defense attorney on your side to draft and file the appeal could very well be the factor that makes all the difference between recovering your seized cash, car, home, or other property and losing them forever to the government’s overreach and greed.

Why Do We Need Asset Forfeiture Appeals In The First Place?

Asset forfeiture exists, nominally, to help the government fight crime by removing its benefits, means, and profits. Surely, this means that only criminals and those who profit from criminality are affected? In practice, however, asset forfeiture rules have been used to turn policing into a very profitable industry that affects innocent and ordinary individuals and families across the state and country.

This is because the rules and regulations initially established to fight piracy and smuggling on the high seas (we are not kidding!) were turned into a major means to supplement law enforcement revenue throughout the war on drugs and in the decades since.

While some states like California have taken some small steps towards curbing asset forfeiture abuse by the government, it still occurs regularly. Civil asset forfeiture, in particular, is extremely vulnerable to abuse and excess as it does not require a criminal conviction against the individual to be carried out.

Besides, even when it is used against those allegedly involved in criminal activity, our justice system is based on the presumption of innocence, which should apply to property as well as individuals. Either way, both deserve due process and constitutional protection.

Why Is It So Difficult To Contest Or Appeal Asset Forfeitures?

There are a number of reasons Asset forfeitures are so tough to fight against, reasons which often stack and interlock to make appealing an asset forfeiture into a fruitless nightmare.

  1. Reason 1: Federal vs State agencies. Due to equitable sharing rules and the lack of regulations and restrictions on federal law enforcement agencies, the vast majority of asset forfeiture defense claims need to be made against federal agencies. Agencies most people have neither familiarity nor comfort working with, even when they can figure out who is involved.

  2. Reason 2: Prosecutor oversight or interference. State and federal prosecutors responsible for authorizing the seizure of property through asset forfeiture are often involved in the appeal process as well. This gives them a perverse incentive to make contesting seizures or regaining property difficult. From throwing out claims on technicalities to providing baseless suspicions of criminal connection, prosecutors can make it very difficult to get your cash, car, or property returned.

  3. Reason 3: Lack of knowledge or resources. The rules for objecting to and appealing asset forfeitures are poorly publicized, relatively unknown, and quite complex. In addition, as most victims of asset forfeitures are often poor, marginalized communities, they may not have the resources to contest it in the first place, much less appeal a rejection.

  4. Reason 4: Tight Deadlines. Even if you know what to do, how to do it, and have the means to afford it…you could easily run out of time to contest or appeal the seizure and asset forfeiture of your property. This is because the deadlines for doing so are extremely tight. It might only be a matter of days between when you receive a seizure notice and the final deadline for filing an objection, and appeals must be completed within just ten days to have any reasonable chance of success.

Unfortunately, that often means a lawyer is required, as the rules for appealing asset forfeiture are complex and the deadlines tight.

How Can An Asset Forfeiture Defense Attorney Help You Win Your Appeal?

With the odds stacked firmly against you, it can often feel like your only option is to give up and let the government take and profit from your hard-earned money or property. Law enforcement, unfortunately, is well aware of this and counts on it to get away with ever-greater abuses of the asset forfeiture system.

Luckily, there are attorneys out there fighting against such oversights and abuses. Lawyers like California’s Jacek Lentz have made a career out of helping Californians fight these unjust seizures and regain their cash, car, home or other property illegally or unfairly taken by the government.

Having such an attorney on your side for the appeal of a law enforcement asset forfeiture decision offers a number of complementary advantages:

  1. Your attorney knows who to appeal to. Whether it is a federal or state agency, an experienced attorney will be able to identify who to contact and know how to reach out to them to appeal an asset forfeiture decision.

  2. Your attorney has done this before. If your attorney has experience dealing with asset forfeiture claims and appeals, they will know the rules for doing so backward and forward, avoiding any costly mistakes or errors that would undermine your claim if you tried to complete it on your own.

  3. Your attorney will not miss deadlines. As a full-time asset forfeiture appeal professional, your attorney will always be aware of the deadlines that need to be met and will not miss a single one.

  4. Your attorney can negotiate directly with law enforcement agencies and prosecutors. While you might be powerless or intimidated when going up against the police or prosecutor, your attorney will not be. They might even know them well. An experienced attorney will have options you would never be able to try, including negotiating deals, pleas, or agreements to get your property returned.

  5. Contingency-based attorney fees. Finally, while some attorneys will charge you for their work reclaiming your property and appealing the asset forfeiture, many will be open to not doing so until the asset is actually returned. This is called working on contingency, and it can go a long way toward making the right and ability to appeal accessible to all, including lower-income Californians who might not otherwise be able to afford to contest law enforcement seizures.

So, if you have had property taken by the government, if you haven't started the objection process, or have had it denied, it is vital to contact an experienced asset forfeiture appeal attorney.

Property Seized? Call California Asset Forfeiture Appeal Attorney Jacek Lentz

As a specialist in asset forfeiture defense and appeals in Los Angeles, Jacek Lentz is one of Californians' best options for reclaiming property taken by law enforcement.

In addition to being open to working on contingency for some cases and clients, Jacek Lentz brings over a decade of specialized experience and dedicated asset forfeiture defense experience to the table.

Given the tight deadlines for contesting or appealing asset forfeitures, if you or someone you know has had property taken by law enforcement in California, it is vital you call him as soon as possible at 888-571-5590.