What is Asset Forfeiture?
Asset forfeiture is a legal process that allows law enforcement to seize property they believe is connected to criminal activity. This can include cash, vehicles, real estate, bank accounts, and other valuables. Forfeiture can occur under both federal and California state law.
Property can be seized even without a criminal conviction. The government must prove the property is connected to criminal activity by a preponderance of the evidence.
Occurs after a criminal conviction. Property seized must be shown to be proceeds of the crime or used to facilitate the criminal activity.
Federal Forfeiture Laws
Allows seizure of property used to facilitate drug trafficking or proceeds from drug sales. This is one of the most common federal forfeiture statutes.
General civil forfeiture statute covering property involved in money laundering, bank fraud, and other federal crimes.
Criminal forfeiture for property involved in financial crimes, including money laundering and fraud.
California Forfeiture Laws
California's primary drug asset forfeiture law. Property must be valued at $40,000 or more for most forfeitures, with certain exceptions.
Allows forfeiture of property acquired through or used in patterns of criminal activity.
Allows seizure and potential forfeiture of vehicles driven by unlicensed or suspended drivers.
Defending Your Property Rights
Innocent Owner Defense
Prove you had no knowledge of the illegal activity or took reasonable steps to prevent misuse of your property.
Lack of Probable Cause
Challenge the government's basis for seizing the property in the first place.
Excessive Fines Clause
Argue that the forfeiture is disproportionate to the alleged offense under the Eighth Amendment.
Procedural Defenses
Challenge improper notice, missed deadlines, or other procedural violations by law enforcement.