Asset forfeiture is a legal process by which the government seizes property it alleges is connected to criminal activity, and may permanently retain it if statutory requirements are met. This process is vital to undermining the economic support of illegal activities in the state. In most cases, the police seize such properties as homes, cars, boats, and money. However, they must prove by a preponderance of the evidence that your property was obtained through a criminal activity or was used to commit a crime. Officers must also follow specific procedural rules to avoid violating your civil rights.

Our qualified lawyers at Asset Forfeiture Attorney can help you understand this process and how to protect yourself and your property from seizure. We can also help you navigate all complex legal processes and fight alongside you until you obtain a favorable outcome.

An Overview of Asset Forfeiture

Asset forfeiture in California mainly occurs after a successful civil proceeding. If the government suspects that your property is involved in crime, it will file a lawsuit against the said property in a civil court. Note that the lawsuit is usually against the property, not the owner. If you are also suspected of criminal involvement, you will face charges in a criminal court. If the government wants to win the lawsuit, it must prove by a preponderance of the evidence that your property is connected to a particular crime.

In this case, a preponderance of evidence means ‘more likely than not’. It is a lower burden of proof than the one used in criminal cases (beyond a reasonable doubt). However, it also requires strong supportive evidence for a civil court to grant permission to seize the property. If the government meets this burden, a civil court judge will give the go-ahead for your property to be seized. This process can happen even before you are charged or convicted of a crime.

Sometimes mistakes happen during asset forfeiture. The police have, in the past, been accused of seizing properties that have been misidentified for criminal activity. Other times, they have seized more property than necessary. For example, instead of seizing the exact real estate property believed to be involved in crime, the police have been accused of seizing even the nearby properties belonging to innocent civilians. Engaging an attorney for assistance and advice is critical if you face asset forfeiture in California. Your attorney will protect your rights and ensure the police follow the proper procedures to avoid an unlawful seizure.

Typically, the government must take physical control of a property alleged to be connected to criminal activity. Thus, the police will do the following:

  • Physically take the assets from you, whether cars, money, or property. You will no longer be in control of the seized property
  • Order your bank or broker to freeze your accounts so that you cannot access them for withdrawal or funds transfer
  • Record a notice of the forfeiture, especially for a real estate property, to prevent you from transferring, mortgaging, or selling it

Once the government seizes the property, you will not benefit from it or have control over it until the court does any of the following:

  • Denies or overturns the forfeiture
  • Orders the government to return it to you
  • Clears the title of any criminal involvement

Type of Property The Government Can Subject to Asset Forfeiture

Asset forfeiture affects all types of assets or properties, as long as they are involved in criminal acts. In California, the government can seize and forfeit any property, including the following:

  • Dangerous weapons like guns, mainly those used in the commission of assault, robbery, carjacking, murder, or rape
  • Computer or telecommunication equipment, especially that used in the commission of computer crimes like internet fraud, child pornography, cyberbullying, and identity theft
  • Raw materials used for the manufacture of illegal substances or dangerous weapons
  • Animals subjected to animal cruelty or abuse
  • Vehicles, planes, and boats used in the illegal transportation of stolen goods, illicit substances, or trafficked commodities or humans
  • Machines, devices, and systems used in the commission of such crimes as the creation of counterfeit trademarks, the manufacture of counterfeit products, or the manufacture of illegal substances
  • Illegal drugs, and the machines, buildings, or land used in their manufacture, sale, or distribution
  • Real estate or personal property obtained through criminal acts, like criminal profiteering, bribery, or theft

If you jointly own a property and can demonstrate that another owner was unaware of its alleged criminal use, the innocent owner defense may prevent forfeiture

Generally, asset forfeiture is done on properties that fall under these four categories:

  • Contraband used in the commission of crime, like illegal firearms and narcotics
  • Proceeds from contraband and other illegal activities, like money, real estate properties, and other valuable items
  • Exchanges like money and property traded, or intended to be traded for contraband and other illegal items
  • Facilitators of crime, including assets used in furtherance of crime, like getaway vehicles

Types of Asset Forfeiture

Under California law, there are two types of asset forfeiture: criminal and civil forfeiture.

Criminal forfeiture occurs when you are facing criminal charges. The government seizes any property connected to your criminal acts, like money or vehicles, and forfeits it after your conviction.

Civil forfeiture occurs when a government seeks to seize and forfeit properties allegedly connected to particular criminal acts. This can happen even when you are not facing criminal charges or a conviction. The government can file a petition, requesting the civil court to grant it the authority to seize any property used in the furtherance of crime, or obtained through criminal acts. Federal and state laws govern civil forfeiture.

Criminal Asset Forfeiture

This is usually a judicial process when a property owner faces criminal charges. The indictment the prosecutor will file against you for your illegal acts will include the property linked to the crime. The court handling the case will also handle the property seizure and forfeiture.

However, the government must prove beyond a reasonable doubt that the property is connected to a particular crime for criminal asset forfeiture to happen. Thus, this type of asset forfeiture requires a criminal conviction. If a court finds you guilty of obtaining property through crime, or dealing in stolen property or illegal drugs, the government can legally seize and forfeit the property.

Additionally, criminal forfeiture occurs before the government seizes the property. A judicial process must first determine that a particular property is linked to a crime before its seizure. Once the court gives the order to seize the property, the police will retrieve it through a seizure warrant signed and issued by a judge. The court can hold a post-forfeiture hearing to determine whether the property owner can file a claim against it.

Civil Forfeiture

This type of asset forfeiture is usually administered through judicial procedures, summary, or administrative actions.

Administrative forfeiture is usually enacted by an agency authorized to seize a property valued at $500,000 or less. If the property linked to a crime is money, there is typically no limit on the amount that can be administratively forfeited. If the property owner, or anyone, does not contest the forfeiture within a reasonable time, they lose their legal right to the seized property. In that case, the responsible agency will declare that the government has forfeited the property.

If you wish to contest an administrative forfeiture, you must file your claim or petition, providing proof of property ownership. Once you assert your property ownership, the government can abandon the administrative forfeiture proceeding and start a civil judicial action against it.

If you file a claim against administrative forfeiture within a reasonable time, the government will cease from seizing your property. However, the government can take judicial action against a property valued at more than $500,000, and not in monetary form, if it is suspected of being involved in crime. The judicial process involves filing a lawsuit against the property in a civil court and seizing it if the court grants the claim.

Civil forfeiture does not require a criminal conviction. The government only needs to prove, with a preponderance of evidence, that the property is connected to a criminal activity.

How an Asset Forfeiture Attorney Can Help

Asset forfeiture laws in California are complex and challenging to navigate without legal help. A skilled attorney will ensure you understand the rules, rights, and options to defend your property from seizure or recover forfeited property. Here are some of the reasons you should hire an attorney immediately after learning that you are about to lose your property to asset forfeiture:

To Navigate Complex Laws and Court Processes

Asset forfeiture laws are unique, and the procedures are distinct from standard criminal and civil procedures. Knowing what to do and how to defend yourself or your property from seizure can be challenging if the government alleges that it is linked to criminal acts. You need someone with proper training and experience handling such cases to help you understand your legal situation and options. An attorney can review your case to explain its severity and what to expect from every process.

They will also work with you to ensure you meet all critical deadlines to improve your likelihood of obtaining a fair outcome.

To Gather and Present Evidence

Remember that asset forfeiture cases are different from typical criminal and civil cases. They require a different type of evidence to show why the government should not seize or forfeit your property. A skilled attorney will know the kind of evidence to gather and how to present it in court to influence the outcome of your case.

To Protect Your Property Rights

As a property owner, you have the right to defend your property from seizure and forfeiture by the government. An attorney will enforce these rights, whether you face criminal or civil forfeiture. A skilled attorney can use a solid defense to prevent the government from forfeiting your property if you are convicted of a crime. This way, you get to keep what is rightfully yours, regardless of the outcome of your case. The government can seize your property without a criminal charge or conviction if you face civil forfeiture. An attorney can fight hard to ensure the forfeiture does not happen.

To Challenge the Burden of Proof

In criminal cases, the prosecutor must prove beyond a reasonable doubt that you obtained or used your property through criminal acts. If this happens, the government will seize and forfeit your property. A skilled attorney can challenge the prosecutor’s evidence to protect your property from forfeiture. They can introduce new evidence or weaken the prosecutor’s case to ensure that the burden of proof is not met.

In civil cases, the government must prove with a preponderance of evidence that your property was used in, or obtained through, criminal acts. Although this burden is not as high as in criminal cases, a competent attorney can challenge it to prevent the seizure and forfeiture of your property. They can do so by introducing new evidence to refute the government's claims.

To Secure the Return of Your Property

The government may seize your property before the outcome of a criminal or civil case, though permanent forfeiture requires legal proceedings. This prevents you from accessing or controlling your property. If you are not convicted of an underlying crime, or a civil court does not grant the government's claim to forfeit your property, an attorney can help ensure you receive complete control and land access to your property. They can represent your interests in court and use the best defense to convince the court to return your property. For example, they can prove that the property was wrongfully seized or that you are an innocent owner. 

Find an Experienced Asset Forfeiture Lawyer Near Me

If your property is suspected of being involved in, or obtained through, criminal acts, asset forfeiture laws in California allow the government to forfeit it. However, you can defend your property if the government is mistaken or if you are an innocent property owner. An experienced attorney can help you fight for your property rights before or after the seizure or forfeiture.

At Asset Forfeiture Attorney, we know how stressful it can be, especially if you do not understand asset forfeiture laws or your rights. We can work with you to fight the forfeiture or achieve a reasonable outcome in your case. Contact us at 888-571-5590 to discuss your situation and our services in detail.