Asset forfeiture actions under California law are used to confiscate property or money connected to criminal activity. These can be in the form of cash, cars, homes, or other valuables. Even when the owner is never convicted, the state may still take the property. The asset forfeiture process is confusing and upsetting.

Fortunately, California law provides a right to contest asset seizures and appeal unfavorable rulings after issuing a final forfeiture order. The process is complicated and has deadlines. Failure to handle the appeal correctly and follow the proper procedures can result in permanent property loss.

On the verge of losing your property through forfeiture, knowing your rights is crucial. With the right approach, you can fight back and keep your assets. If your property has been seized in California, you should contact an experienced lawyer. At Asset Forfeiture Attorney, we will work hard to protect your rights and guide you through your appeal.

Understanding Asset Forfeiture Appeals in California

California law allows the court to seize property and money obtained from or involved in criminal activity through forfeiture. California recognizes two main types of asset forfeiture:

  • Criminal forfeiture. It occurs after a criminal conviction. Forfeiture is part of the criminal sentencing process.
  • Civil forfeiture. It occurs independent of a criminal conviction. In civil forfeiture, the government initiates a case in rem, meaning the legal action is against the property. It argues that the property was involved in or derived from criminal activity.

Common assets targeted by forfeiture proceedings include:

  • Cash
  • Vehicles
  • Real estate
  • Electronics
  • Bank accounts

The California Uniform Controlled Substances Act governs the forfeiture process related to drug crimes. Other types of forfeiture may fall under federal or other state laws.

An asset forfeiture appeal is a legal process where an individual or entity challenges the government’s seizure of property. This occurs after law enforcement has confiscated assets under civil or criminal forfeiture laws. The appeal seeks to reverse the forfeiture by arguing that the property was not involved in illegal conduct.

A petitioner may also assert that the legal rights of a search and seizure were violated. There is a time limit for the appellant to appeal and a burden on the appellant to provide supporting evidence. The property involved is returned if one is successful in an asset forfeiture appeal.

Asset Forfeiture Appeals Process

Appealing an asset forfeiture can allow you to recover your seized assets. The asset forfeiture appeals process involves complex sections of California law. Therefore, considering the appeal, you should work with a lawyer. Your attorney will help you follow the correct procedure and represent your interests. The following are the steps involved when appealing an asset forfeiture in California:

Understand the Court’s Order

After receiving a forfeiture ruling, the first and most important thing you should do is to read the court’s final order or judgment carefully. This is a formal document issued by the judge, outlining the case's key details. The order will highlight:

  • What property is under forfeiture? It might include cash, vehicles, real estate, or other valuables the court has decided to seize.
  • Under what law or statute did the forfeiture take place? Different rules have different requirements and procedures. For example, the forfeiture might occur under a state drug law or a federal criminal statute.
  • The reasons behind the court’s decision. The order should explain the judge’s reasoning. It can include factual findings, the interpretation of the law, or whether you were properly notified.

You should go over this document with a qualified attorney. A lawyer can help you understand whether the judge followed the law correctly and whether there are grounds for appeal. Many legal errors are not apparent to people without legal training. Therefore, a professional review can go a long way for you.

Determine Whether You Can Appeal.

Not every loss in court means you can file an appeal. However, if you have received a final forfeiture order, the court has made its final decision. In this case, you have the right to appeal whether the forfeiture happened as part of a criminal or civil case.

You must have a valid legal reason for appealing the court's decision to forfeit your assets. It is not enough to simply disagree with the result or believe the decision was unfair. You need to show that the court made a legal mistake.

The following are common legal grounds for appealing a forfeiture:

  • Errors in the trial process. For example, if the court allowed evidence that should have been excluded, this could be a legal error.
  • Insufficient evidence. The government must prove certain things to justify forfeiture. You have enough grounds for an appeal if they did not provide enough evidence.
  • Violations of your constitutional rights. You can file an appeal if the court violated your rights to due process during the forfeiture process.
  • Improper notice. You must receive proper notice of the forfeiture process. It allows you to respond and contrast the process. You may not have had a fair chance to respond if you were not adequately notified about the original forfeiture proceeding.
  • Legal misinterpretations. Sometimes, judges apply the wrong law or misunderstand how the law should work. If this happened, it may be grounds for appeal.

Before moving forward, you should discuss with your lawyer whether one or more of these legal bases apply to your situation.

File a Notice of Appeal

When you and your attorney decide to appeal, the next step is filing a Notice of Appeal. This short legal document officially tells the court and the other parties that you are appealing the decision. Timelines are stringent in the appeal process:

  • In criminal forfeiture cases, you must file the Notice of Appeal within 60 days after the judgment. Failure to meet the deadlines could result in losing your rights to appeal.
  • In civil forfeiture cases, the timeline for filing a notice of appeal is usually 30 days from when the court serves the judgment. However, the exact timeline can vary depending on the specific circumstances of your case.

You must file the document in the court that issued the original forfeiture ruling. Besides, you must serve copies of the Notice of Appeal to the prosecuting agency and any other involved parties. Missing the deadline can result in losing your right to appeal. Therefore, you must act quickly and consult an attorney right away.

Obtain the Trial Record

After filing a notice of appeal, you should gather the complete trial record. The appellate court will not retry your case or hear new evidence. Instead, it reviews what happened in the original trial by examining the existing record. The trial record includes:

  • Transcript of Court Proceedings. This includes the court reporter’s transcript of everything said during the hearings and trial.
  • Exhibitions. These are photographs, documents, or actual evidence at trial.
  • Motions and pleadings. This includes any documentation provided by the attorneys involved in the case.
  • The judge’s determination. These are the opinions of the court explaining the decision in writing.

You must coordinate with the court clerk and reporter to prepare these records. In most cases, you must pay a fee to obtain the transcripts unless you qualify for a fee waiver. These documents are critical, as your appeal is solely based on the record. Your asset forfeiture attorney can help you obtain the relevant documents.

Prepare and File the Appellate Brief

The appellate brief is the most crucial document in your appeal. In writing, you can explain why the trial court made a legal error and why the appellate court should reverse or change the decision. Your brief should include:

  • A summary of the facts of the case, as presented in the trial.
  • The legal arguments must show that the trial court made a legal error in its ruling.
  • References to the record. They could include transcripts or exhibits that support your argument.
  • The specific result you seek. These could involve reversing the forfeiture or returning the case for a new hearing.

In California, you must file the opening brief. Then, the government or the opposing party files a respondent’s brief to argue why the ruling should stand. You may file a brief reply to their arguments. Writing an appellate brief is highly technical. Courts expect precise formatting, strong legal arguments, and proper citations.

A poorly written brief can result in losing your appeal. For this reason, you will need an experienced appellate attorney. Your lawyer will help you make a strong legal argument that follows strict rules.

Oral Argument

After all the briefs are filed, the appellate court may schedule an oral argument. It entails a short hearing where both sides appear before a panel of appellate judges to present their case. During the oral argument:

  • Each attorney gets a few minutes to highlight their main points.
  • Judges may ask questions to challenge or clarify the arguments in the briefs.
  • No new evidence, and the court relies only on what is already in the record.

Not every case has oral arguments. At times, the court will rule based on the written briefs alone. However, if the court allows for an oral argument, this could change the outcome of your case. Your attorney will make the oral argument if you are represented by one.

Wait for the Decision

After oral arguments, the appellate judges will review everything and make a decision. The judges can take several months to conclude. The court will issue a written opinion, which will explain its decision. There are a few possible outcomes:

  • Affirm the forfeiture. The appellate court agrees with the trial court, and the forfeiture stands.
  • Reverse the forfeiture. The appellate court finds a legal error and may order your property returned.
  • Modify the ruling. The court might decide that only part of the property should be forfeited.
  • Remand the case. The court can return your case to the lower court for further action, such as a new hearing.

In any event, the appellate court's determinations will significantly impact your case's outcome. If you are successful, you regain your property or get another opportunity to challenge the forfeiture. The opportunities to appeal are very few when you lose.

Post-Forfeiture Remedies

If you lose your asset forfeiture appeal, a few legal options remain. They include:

Petition for Rehearing in the Court of Appeal

You may file a petition for rehearing within 15 days after the Court of Appeal issues its decision, especially if the ruling overlooks key legal or factual matters. You must file this petition shortly after the court’s ruling. In your petition, you must show that the court made a legal or factual error. The court rarely grants a petition for rehearing. However, it is beneficial if a critical aspect is overlooked.

Petition for Review to the California Supreme Court

You may petition the California Supreme Court to review your case. The court selects a small number of cases each year. It takes cases that involve critical legal issues or disagreements between courts. If the court accepts your case, it may lead to a reversal or clarification of the law. This remedy gives you a chance to fight for your property or assets.

Find a Competent Asset Forfeiture Attorney Near Me

If a court has ordered the forfeiture of your property, you may feel overwhelmed and unsure about what to do next. Fortunately, you have legal options to challenge this decision. A standard legal route you can take is to appeal the forfeiture. After the court orders your assets seized, the clock starts ticking on your right to appeal.

You can appeal the forfeiture by filing a notice of appeal, making an oral argument, and waiting for the court's decision. Following the correct procedures can give you the best chance of recovering your property. If your appeal is unsuccessful, you can file a motion for a rehearing or a petition for review.

The process of appealing a forfeiture in California is often complex. Therefore, you will need the insight of a reliable lawyer. At Asset Forfeiture Attorney, we will guide you through the appeal process to ensure a favorable outcome. Contact us at 888-571-5590 to discuss your case.