Has the federal or state government seized your assets for forfeiture? Forfeiting assets is a powerful but abusive weapon the government uses against citizens, whether found guilty of an offense or not. If you are in this situation, a lawyer should be able to help you recover your property.

At Asset Forfeiture Attorney, we boast lawyers with an in-depth understanding of federal and state asset forfeiture statutes. We have helped clients throughout California and nationwide navigate criminal and other forms of asset forfeitures. We will be glad to do the same for you. We can assist you in defending your right to your assets. Consult with us on how we can help you.

Overview of Criminal Asset Forfeiture

Asset forfeiture happens when a government agency seizes a person's property because it suspects the asset was either:

  • Obtained through criminal activity or
  • Utilized in perpetrating an offense.

Most minds of properties can face seizures, including:

  • Real estate and homes.
  • Watercraft and motor vehicles that are utilized to commit an offense like distributing drugs or transporting stolen property.
  • Stocks, bank accounts, and cash.
  • Art and jewelry.
  • Computers, telecommunications, and other electronics used to perpetrate computer crimes like internet fraud.
  • Animals, if you are guilty of animal cruelty and abuse.
  • Raw materials.
  • Weapons like a gun involved in an assault with deadly weapon case.
  • Machines utilized to violate the law, such as using a machine to counterfeit trademarks.

Asset forfeiture statutes permit the seizing and forfeiting of property linked to almost any criminal conduct. Supporters of asset forfeiture see this practice as a crucial tool to enforce the law. However, they encourage the idea that forfeiture makes significant revenue for law enforcement agencies.

There are different types of asset forfeiture. They are criminal, civil, and administrative forfeiture.

Criminal Forfeiture

Criminal forfeiture follows a criminal conviction. The government seizes your assets after the court has sentenced you for a crime. This form of forfeiture differs from civil forfeiture as it necessitates that the court finds you guilty and convicts you of an offense. Generally, the government issues criminal forfeiture as part of a sentence.

Generally, the forfeiture phase will start if the judge finds you guilty of a crime at trial. During this phase, the government must establish a connection between your criminal conduct and the property before seizure. If there is a third-party claim, the court must hold an ancillary proceeding to address this claim. A co-owner of a seized asset often has no involvement or knowledge of any unlawful activity linked to that asset.

All proceeds from forfeitures go straight to the law enforcement agency that conducted the arrest. Therefore, law enforcement officers and prosecutors are motivated to seize assets and currency to buy supplies like police cars, ammunition, and weapons.

The most prevalent cases that lead to sentences that cause criminal forfeiture are theft, fraud, and drugs. Types of property that can be subject to criminal asset forfeiture are:

Proceeds from unlawful activity: Refers to any property or currency that authorities can trace back to illegal activity. Categorizing proceeds from unlawful activity as subject to forfeiture is tricky. That is because if police officers accuse you of dealing drugs and argue that drug sales are your primary income source, then they might assert that anything you buy can be deemed proceeds from unlawful activity.

The capability to target the proceeds of illegal activity makes asset forfeiture highly attractive for the police. Proceeds of illicit activity could include dividends, interest, cash, income, automobiles, real property, et cetera. This could sometimes mean the money in your car during a regular traffic stop. The police need not prove that you acquired the proceeds directly from an unlawful act.

Contraband: This is any form of property that is illegal in and of itself. Smuggled weapons, narcotics, stolen property, or smuggled weapons are deemed contraband. That is because all of them are intrinsically illegal.

Instrumentalities or tools used to perpetrate an offense: This refers to any property used to commit the offense. Suppose you are a drug dealer and own a house in which you store or manufacture drugs. You also own a car that you use to move the drugs. In this case, the authorities would seize the vehicle and the house. Even if the court finds you innocent, the authorities could still seize your car and house if they can just link them to unlawful activity.

Civil Forfeiture

Civil forfeiture does not have to occur after criminal prosecution. It could be deliberate because there is insufficient evidence to support criminal prosecution. Thus, civil forfeiture is more common since the government does not need to show the owner guilty before seizing their property.

Forfeiture can happen only after civil proceedings whereby a government agency files a lawsuit against the asset itself (not you as the asset owner). To prevail in the suit, the agency must prove by a preponderance of the evidence that the asset is conducted. This is a much lower burden of proof than the "beyond a reasonable doubt" standard required in criminal prosecution.

Civil forfeiture may affect people's lives in addition to the defendant's. For example, if the government takes away a home through forfeiture, the defendant's children and wife will remain without a home to reside in.

Under this form of forfeiture, the government can seize your assets even when the court does not convict you of a crime. By a preponderance of the evidence" means "more likely than not." This is a far lower burden of proof than in criminal trials, where prosecutors must prove guilt "beyond a reasonable doubt."

Administrative Asset Forfeiture

An administrative asset fort is a specific case where a government body does not have to deal with court proceedings. Instead, government agencies handle these cases internally. Agencies such as the IRS, DEA, ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives), and FBI are commonly involved in this type of asset forfeiture. Since this form of asset forfeiture can minimize how often agencies must deal with courts, the following is true about it:

  • It is the most prevalent type of asset forfeiture, accounting for virtually 80 percent of all federal asset forfeiture cases.
  • It can be particularly challenging for the person whose right to due process might be impacted.

Defending Against Criminal Forfeiture

The authorities can confiscate your assets before you are found guilty of an offense. However, they cannot forfeit the asset until the court convicts them of an offense. That means you may not lose your property if you put up a solid defense and the court finds you not guilty. When you retain a lawyer to fight the criminal forfeiture case against you, they will review the facts surrounding the seizure and build a strong defense. Some defenses your lawyer can argue include the following:

Illegal Searches and Seizures

Police officers must comply with firm procedures when conducting searches and confiscating property. For example, they must possess probable cause to pull you over or come to your home. They must also have a valid search warrant to search anywhere on your property. Failure to which they would have violated your rights and the 4th Amendment to the United States.

Your lawyer can review the details constituting your criminal case to establish whether law enforcement officers violated your legal rights and the 4th Amendment to the United States Constitution guarantees. If so, any evidence obtained against you will be null and void.

Proportionality

California law requires that the police exhibit a sense of proportion when confiscating property. That means the property's value must be proportional to the offense the agents or officers allege. When asserting this defense, your lawyer can work to prove that the property's value is not proportionate to the crime.

Misidentification of Property and Innocent Owner Defense

It is not unusual for forfeiture agents to be sloppy and seize assets misidentified as the defendant's property. Or they can seize property they found close to the defendant's property but belong to an innocent individual. If either of these scenarios happened in your case, your lawyer may be able to prove that the property in question does not belong to you.

Also, note that criminal asset forfeiture is dependent on a particular crime. Your lawyer can prove you did not know about the supposed offense and were not involved in the crime.

For example, suppose you are a landlord of the involved property. In that case, your attorney could explain you did not have any idea that there was unlawful activity happening on the premises of your rental property. You could also apply this defense if you co-own a property on which another or other co-owners had been committing unlawful acts you did not know about. Alternatively, it could be the police seized your car, but you are not the only person who operates it.

Bringing a Claim

An easy strategy to resolve an asset forfeiture case is filing an administrative asset forfeiture claim. An experienced lawyer knows the deadlines and process. They also know the steps you can take to prove your claim (like presenting supporting evidence). They will, therefore, assist you in navigating this process. Your lawyer can also bring a claim for court action in your criminal asset forfeiture.

Other successful defenses include showing you bought the seized property with lawfully obtained money. Even when you think you do not have viable defense strategies, a skilled attorney may successfully win the case for you, saving your property.

Consider Time

Early intervention goes a long way in obtaining a successful case outcome. When a lawyer intervenes in your case early enough, they may stop the D.A. from filing charges.

After arresting you, police will share the details they have acquired with the D.A.'s office within your jurisdiction. At times, officers communicate regularly with the district attorney throughout the investigations. If you do not have attorney representation, the D.A. simply charges you based only on the details the police gave them.

However, you will have a level playing field if you hire a lawyer soon after your arrest. The lawyer can meet the D.A. and argue your account of events. A competent lawyer will have collected witness statements and evidentiary information to present. After your lawyer's presentation, the D.A. may reduce your charges or decide not to file any charges altogether.

Remember that the law provides strict deadlines for filing required paperwork with the court. The government will rigorously pursue its plan to seize your property permanently. Conversely, you will have not more than thirty days to submit the documents necessary to build your defense strategy.

Courts are never sympathetic to anybody who misses deadlines. Also, many law enforcement officers do not pay much attention to the fact that you have the right to a legal defense. That is partially because you are not entitled to a public defender. If you wish to challenge forfeiture, invoke your legal right to stay silent and hire an attorney immediately.

You may already have a lawyer previously representing you in an unrelated issue. If that is the case, do not hesitate to obtain another opinion. All decisions an attorney makes directly influence your case outcome. Consulting with a skilled asset forfeiture lawyer will give you a chance at a more compelling defense strategy. This will, in turn, increase your chances of a favorable outcome.

Find a Competent Asset Forfeiture Lawyer Near Me

Whether you face criminal prosecution or your property was seized for forfeiture, knowing you have rights that might enable you to recover your property is essential. Per California statute, government agencies must abide by particular procedures before legally declaring an asset forfeited. Even when you are sure you are a victim of misconduct or dishonest police activities, you want to call a lawyer for help.

At Asset Forfeiture Attorney, we offer the necessary legal expertise to defend our clients' assets from seizure and forfeiture. We can also help you protect yours. We have handled many asset forfeiture cases throughout California and have never disappointed our clients. Call us at 888-571-5590 for the most favorable results of your case. Do not sit by and let the government take your hard-earned property from you.