It is common for the police to seize your property when they arrest you. Property can be seized from you for various reasons, but one of the most common is asset forfeiture. California civil forfeiture requires a higher burden—clear and convincing evidence or beyond a reasonable doubt—depending on the type and value of property. In this case, the prosecutor has a burden to provide proof that supports the charges. With our experienced attorneys at Asset Forfeiture Attorney, you can challenge the prosecutor’s case and have some or all of your property back. We have represented many clients facing asset forfeiture in California and the United States.

Asset Forfeiture Explained

Asset forfeiture is a legal procedure where the authorities permanently take control of a person’s assets if the assets are deemed instrumentalities of an offense. They can start with a partial or complete confiscation of the asset. You require the services of a competent asset forfeiture attorney to secure your hard-earned asset back because losing an asset can be devastating. The attorney understands the subtleties of federal and state asset forfeiture laws. Your attorney will put their extensive experience to work, establish the weak points in the prosecutor’s case, and apply them to your benefit.

Understanding Civil Forfeiture In California

Civil asset forfeiture is a powerful mechanism available to law enforcement in California. With this right, the police can seize your assets, but full forfeiture requires due process. They can do this if they believe that the asset was bought with the profits of criminal activity or used in the commission of a crime. However, the police can only seize your assets if they prove that they are linked to criminal activity, according to the preponderance of the evidence. Preponderance of the evidence is a lesser degree of proof than the ‘’beyond a reasonable doubt’’ degree of evidence used in criminal cases. Regardless of the nature of the forfeiture procedure, it is not a criminal proceeding. This often makes things complicated when you are pursuing your seized asset back.

Asset forfeiture is a proceeding typically against the asset linked to the crime rather than the asset owner. In this case, it does not matter whether you have been convicted of an offense, provided the property itself was used in committing the offense.

You have fewer securities and rights under the law because asset forfeiture is generally a civil process. Notably, the right to representation. It is easy for the prosecutor to take advantage of your situation because civil forfeiture cases do not allow the right to a court-appointed attorney. It can be challenging for you if you do not understand your rights and the nuances of the legal system. The procedure of regaining possession of your asset can be lengthy and complicated. However, securing the services of an asset forfeiture attorney can significantly improve your chances of getting your property back.

Anything that the police believe to be involved in committing an offense can be subject to forfeiture. The property that the police can seize depends on the specific circumstances and the type of offense that was committed. Some of the assets seized include:

  • Any real property acquired through a pattern of criminal activity

  • Any proceeds earned from the sale of unlawful drugs or other contraband

  • Any contraband, such as illegal drugs or guns

  • Any ingredients and equipment used in manufacturing controlled substances

  • Any machine that was used to print counterfeit bills

  • Any vehicles, boats, or other vessels that were used to transport unlawful drugs

  • Any cars or trucks that were used to transport stolen goods

  • Any laptops or phones that were used in criminal activity

  • Any weapons that were involved in assault cases

  • Any cash received from unlawful drug activity

  • Houses that were bought with money from illegal activity

There are a few exceptions to this list under California law. For example, law enforcement cannot seize your home if it is used as a residence. Also, law enforcement cannot confiscate a piece of real estate if two or more individuals own it. This cannot happen, especially if one or more owners are unaware of the unlawful activity. Hiring a trusted criminal defense attorney is vital because it can be hard to prove this in court.

Guidelines For Asset Forfeiture In California

Asset forfeiture is typically an intricate legal process. The police can seize your assets at will, but due process is needed for the asset seizure to become a permanent forfeiture. Several guidelines must be followed to respect your rights. You must be served with an official notice of a forfeiture proceeding if the authorities wish to have your asset permanently forfeited. This can be done through mail, personal delivery, or publication in the newspaper's legal notices in your jurisdiction. You will have 30 days to file a claim once you are served with the notice. As a result, a court process and a jury trial will be initiated to make a final decision on the forfeiture. A jury trial occurs only for contested judicial proceedings.

The police and prosecutors in California have a burden to show why your asset should be forfeited. The prosecutor has the burden to prove that:

  • You obtained the asset as the proceeds of a crime, or the asset was derived from an offense

  • You used the asset to commit an offense

  • Everyone with an ownership interest in the asset knows it was being used to commit a crime and consented to it.

The above guidelines allow you to go to court and fight against the forfeiture of your asset. You can increase your chances of repossessing your asset if you consult an experienced asset forfeiture attorney.

Drug Cases

If you are accused of a drug-related offense, you must be convicted of the crime in question before the police can forfeit your:

  • Securities or money worth up to $40,000

  • Car, airplane, or boat, and

  • Any real estate property

However, the following are the exceptions to the above conviction requirement:

  • Securities or cash that exceeds $40,000 can be forfeited with no conviction if the prosecutor provides sufficient evidence that the money came from or was going to be used for unlawful drug transactions

  • You fail to show up in your criminal hearing, and the prosecutor provides evidence that the property in question is linked to the crime you committed

There are steps that the prosecutor must follow depending on your case before your asset is forfeited. They include:

Summary Forfeiture

The police can forfeit Schedule I controlled substances like peyote, LSD, ecstasy, marijuana, and heroin without a prior procedure. However, marijuana can be returned if you had the right to possess it under California’s medical marijuana statutes.

Administrative Forfeiture

The law enforcement must give public notice before they can forfeit your personal property worth less than $25,000. The notice should contain the following information:

  • The facts justifying its seizure

  • Appraised value

  • Date and location of its seizure

  • The property’s description, and

  • Instructions for contesting the seizure

You will have 30 days to fight the seizure of the asset. The law enforcement will sell the asset and keep the proceeds if you fail to fight the seizure. The judicial procedures will apply if you contest the seizure.

Judicial Procedures

The court will schedule a civil trial if you contest the seizure of your asset that does not exceed $25,000 or if the state or local police agency has seized your asset that exceeds $25,000. In this case, the prosecutor must prove the following for forfeiture to happen:

  • You are not an innocent owner and were aware that an offense was being committed and agreed to it

  • The asset was used to commit an offense or was bought with money gained unlawfully

Since forfeiture agents are not attorneys, asset forfeiture can get complicated. Police officers often make procedural errors. Your attorney can use these mistakes to persuade the judge to return your assets.

Organized Crime Cases

Law enforcement can forfeit property in an organized crime case. This can happen if there has been a conviction for an offense with a pattern of criminal conduct done for financial gain. A pattern means that an individual committed two or more related offenses. The common crimes can include receiving stolen property, extortion, child pornography, and others. The prosecutor must do the following before property is forfeited in organized crime cases:

  • File a petition with the court.t

  • Give notice of the asset forfeiture to anyone with an ownership interest.

  • Publish a notice of the asset forfeiture in a local newspaper

You have 30 days from the date of receiving the notice to contest the forfeiture if you have an interest in the asset. The judge will schedule a hearing and allow the forfeiture if the prosecutor can prove beyond a doubt that the property is subject to forfeiture.

After The Seizing Of Your Asset

You can lose your right to the asset if you fail to take action against the forfeiture of your asset. The government cannot compensate you if this happens. The authorities can sell the asset at an auction and keep the profit if the judge allows them to keep your property through forfeiture.

The Senate passed Senate Bill 443 to protect people against asset forfeiture. However, police agencies continue to practice ‘’equitable sharing’’ for forfeitures related to criminal convictions. Equitable sharing occurs if the police give the asset seized under asset forfeiture to the federal police. The assets that fall under the federal guidelines through this process are managed under federal forfeiture statutes. Federal laws are stricter than California’s guidelines.

Regardless, the law enforcement will keep 80% of the profits made through the forfeiture under equitable sharing. In this case, the police agencies make millions of dollars in revenue annually. The police agencies will use any means to ensure you lose control of your asset because of the enormous profits realized. You require a solid defense strategy to keep your asset in this situation.

Asset Forfeiture Program (AFP)

AFP plays the following roles:

  • Punish and prevent criminal activity by depriving criminals of assets used in or obtained through unlawful activities

  • Enhance cooperation among foreign, tribal, local, state, and federal law enforcement agencies

  • Recover property that can be used to compensate victims under federal law

  • Ensure the program is administered lawfully, professionally, and in a way consistent with sound public policy

The Department of Justice uses asset forfeiture to achieve the above goals. It investigates, identifies, seizes, and forfeits the property of criminals and their organizations. The department does this while ensuring the rights of all asset owners are protected. Asset forfeiture plays a crucial role in dismantling and disrupting illegal enterprises. Effective use of civil and criminal asset forfeiture is an essential aspect of the Department’s effort to suppress the most sophisticated criminal actors and organizations. This includes the following:

  • Transnational drug cartels

  • Human traffickers

  • Fraudsters

  • Cyber criminals, and

  • Terrorist financiers

The Assets Forfeiture Fund (AFF) funds AFP. AFF is mandated to support and expand the use of forfeiture sanctions throughout the federal law enforcement community. It was established as a special fund within the treasury to receive the proceeds of forfeitures. AFF was created under the Comprehensive Crime Control Act of 1984 (P.L.98-473), codified in 28 U.S.C. 524(c). This law permits the Attorney General to use the money to pay any necessary costs related to asset forfeiture enforced or administered by the Department of Justice. This includes:

  • The seizure, forfeiture, and disposal of the assets

  • Compensation of the victims

  • Expenses incurred during investigations

Find An Asset Forfeiture Attorney Near Me

The government can seize and even keep your property if it is evident that you obtained it through criminal activity or used it to commit a crime. The police can seize many types, including houses, vehicles, boats, or money. Asset forfeitures are common in cases of organized crime and drug offenses. An asset forfeiture can occur following a civil proceeding where the government initiates a lawsuit against the property. The government must prove through a preponderance of evidence that you obtained the property through criminal activity or that the asset is connected to a criminal activity.

If you have an interest in a seized property, you have up to 30 days after receiving the notice to contest the asset forfeiture. The court will hold a hearing to allow the forfeiture or return the property to you. Contact the Asset Forfeiture Attorney if you need a dedicated attorney to handle your asset forfeiture case in California or across the U.S. Call us at 888-571-5590 to speak to one of our attorneys.