Innocent Owner Defense

Your property can be protected from forfeiture even when it's connected to criminal activity—if you can prove you're an innocent owner. Our experienced attorneys fight to protect the property rights of innocent people.

What is the Innocent Owner Defense?

The innocent owner defense is a legal protection that allows property owners to recover or retain their property in forfeiture cases by proving they had no knowledge of, or did not consent to, the illegal use of their property.

Lack of Knowledge

You did not know that your property was being used for illegal purposes

Examples:
  • Lending your car to someone who transported drugs
  • Renting property to tenants who conducted illegal activity

Lack of Consent

You did not consent to the illegal use of your property

Examples:
  • Property used without your permission
  • Illegal activity occurred against your explicit instructions

Reasonable Steps

You took reasonable steps to prevent illegal use once you became aware

Examples:
  • Evicting tenants engaged in illegal activity
  • Reporting illegal use to authorities

Bona Fide Purchaser

You acquired the property without knowledge of its connection to illegal activity

Examples:
  • Purchasing a vehicle previously used in drug trafficking
  • Buying property with proceeds from unknown illegal source

Federal vs State Innocent Owner Laws

Federal Law (CAFRA)

Standard: Government must prove owner's knowledge or consent by preponderance of evidence
Owner's Burden: Owner does not bear initial burden of proof
Timeline: Must file claim within 30 days of notice

California State Law

Standard: Government must prove connection to crime beyond preponderance standard
Owner's Burden: Owner can assert affirmative innocent owner defense
Timeline: Must file claim within statutory deadlines

Documentation for Your Innocent Owner Claim

Building a strong innocent owner defense requires proper documentation. Gather these materials as soon as possible.

  • Proof of ownership (title, deed, registration)
  • Evidence of your location during alleged illegal activity
  • Records of property usage agreements or rental contracts
  • Communication records showing lack of knowledge
  • Witness statements supporting your innocence
  • Financial records showing legitimate source of funds
  • Any actions taken to prevent illegal use

Protect Your Property Rights

If your property has been seized, don't wait. Contact Crown Law Firm today for a free consultation to discuss your innocent owner defense.