Asset forfeiture is a legal process by which law enforcement agencies seize property they believe is connected to illegal activity. The property can include real estate, vehicles, cash, and other assets. There are two main types of asset forfeiture: criminal and civil.

The government begins criminal asset forfeiture proceedings after a conviction. However, for civil forfeiture, you can lose your assets even when you do not face charges or a conviction for a criminal act. The government must prove the connection between your property and criminal activity for civil or criminal forfeiture.

California law mandates that law enforcement notify you of asset forfeiture proceedings. When you receive the notice, you can file a property claim to protect your assets. If you risk losing your property in a civil or criminal forfeiture in California, you will require our guidance at Asset Forfeiture Attorney.

Criminal Asset Forfeiture

Criminal asset forfeiture in California occurs as part of a criminal prosecution. The government must prove that the property was used to commission a crime or acquired illegally. California law provides a detailed framework for criminal asset forfeiture. Criminal forfeiture is common in drug-related offenses, money laundering, and organized crime.

The following conditions are necessary for a criminal asset forfeiture:

  • Conviction.A significant requirement for a criminal forfeiture is a conviction. The government will forfeit your property after your conviction for a crime tied to the seized property.
  • Criminal nexus. The government must establish a clear link between your property and the crime. It means that the property was either used to commit the offense or proceeds of the crime.
  • Trial procedure. A criminal forfeiture proceeding occurs at the same time as the criminal trial. You have the right to contest the forfeiture during the trial. The burden of proof lies with the government. Therefore, they must prove a connection between your property and criminal activity.

Criminal Asset Forfeiture Process

Criminal asset forfeiture in California follows a structured process. This process ensures the protection of property rights and enables law enforcement to dismantle criminal enterprises.

Seizure of Assets

The first step in the forfeiture process is the seizure of assets. Law enforcement officers may seize property believed to be involved in a crime. Law enforcement officers can seize your assets during an arrest, search, or investigation. However, the officer must have probable cause to believe the property is connected to illegal activity.

California law allows both state and local agencies to seize assets. Cash, vehicles, and real estate are subject to criminal forfeiture.

Notice of Seizure

You will receive a seizure notice within 15 days when the government seizes your assets. The notice informs you of the seizure and outlines your right to contest it. The government must send you the notice via certified mail. Additionally, the notice will include information about how to file a claim for the return of the property.

If the court seizes your real estate, a seizure notice is filed in the local county recorder's office. The agency must notify you and other lienholders if the property is a vehicle or a movable asset.

Claiming the Property

After receiving the notice, you can file a claim for the return of the seized property. You can submit a written claim to the law enforcement agency holding the property. You must file your claim within 30 days of receiving the seizure notice. In your claim, you can state that you were not involved in criminal activity and the alleged item was not a proceeds of crime.

Forfeiture Hearing

If you contest a criminal asset forfeiture, a judicial hearing is scheduled. At the hearing, the government must explain the forfeiture. Additionally, the state must show that the property was either involved in or derived from criminal activity. The court will evaluate police reports, witness testimony, and evidence linking property to criminal activity.

Judgment

If the court determines that the property is subject to forfeiture, it allows the state to keep or sell it. The government will seize the forfeited property and use the proceeds for law enforcement. You can receive the seized assets if the court rules in your favor.

Appeal Process

If either party disagrees with the court’s decision, they may file an appeal. The appeal process allows a higher court to review the legal aspects of the forfeiture proceedings.

Advantages of Criminal Asset Forfeiture

Facing a potential asset forfeiture is nerve-wracking for a property owner. However, there are some advantages to going through criminal forfeiture. They include:

  • Legal safeguards. Criminal asset forfeiture occurs as part of a criminal prosecution. Therefore, individuals receive more robust legal protections. These include the right to a jury trial and defense against the charges. Additionally, courts must ensure that the value of the property seized is proportional to the crime committed.
  • A link to criminal activity. Criminal forfeiture requires a conviction. Therefore, you will only lose your property if you face an arrest, charges, and a sentence for the underlying offense.
  • There is a high burden of proof for the government. Unlike in civil forfeiture, the burden of proof for criminal forfeiture lies with the government. Therefore, the government must meet the high standard of proof beyond a reasonable doubt. The level of evidence needed for a criminal forfeiture makes it challenging to take away your property.

Civil Asset Forfeiture in California

Civil asset forfeiture allows law enforcement agencies to seize property connected to criminal activity. It aims to disrupt criminal enterprises by taking away assets they could use to further illegal activities. Civil asset forfeiture does not require a criminal conviction. The government can seize your property if it believes it was used for unlawful purposes, even if you do not face criminal charges.

California Civil Code, the Penal Code, and the Health and Safety Code govern civil forfeiture in California. The key provisions of civil asset forfeiture include:

  • There is no requirement for a criminal conviction. The government can seize your property even if you are not charged with or convicted of a crime. Civil forfeiture focuses on the property and not the perpetrator of the crime.
  • Preponderance of evidence. In a civil forfeiture, the government must prove that the property is connected to illegal activity. The preponderance of evidence is the standard of proof necessary for this type of forfeiture.
  • “In rem” proceedings. The court conducts civil forfeiture through "in rem" proceedings, which allow the government to seize property without charging an individual with a crime.
  • The burden of proof lies on the property owner. Unlike criminal forfeiture, the burden of proof lies with the property owner. If you face civil forfeiture, you must demonstrate that your property is unrelated to criminal activity.
  • Forfeiture without trial. In civil forfeiture cases, the government can seize property without a trial. Instead, a property owner initiates the legal process to recover the property.

Constitutional Protections in Civil Forfeiture

Civil asset forfeiture also raises essential constitutional concerns regarding property rights. Although civil forfeiture does not require a criminal conviction, it involves property depreciation. Therefore, it can trigger the following constitutional protections:

  • Due process clause. The protection guarantees that individuals must receive fair treatment through the judicial system. During a civil asset forfeiture, the government must notify you of the forfeiture proceedings. After receiving a notice, the property owner can contest the seizure in court.
  • The Fourth Amendment protects against unreasonable searches and seizures. It requires law enforcement to have probable cause or a warrant to seize property. A conviction is not necessary for civil forfeiture. Therefore, law enforcement officers can search to uncover evidence. The amendment prevents excessive seizures of property by authorities without proper justification.
  • Right to a fair hearing. If the government seizes your property, you can challenge a forfeiture in court. Your right to a fair hearing allows for a review of the evidence.
  • Excessive fines clause. California law prohibits excessive fines or punishments. In civil asset forfeiture, the government must ensure that the property value is proportionate to the criminal activity. The protection against the abuse of forfeiture laws could prevent excessive seizures.
  • State constitutional protections. California's Constitution provides further protections to ensure fairness in civil forfeiture.

Civil Asset Forfeiture Process

The steps involved in civil asset forfeiture include:

Initiation of Forfeiture

Civil asset forfeiture proceedings begin when law enforcement officers seize property, which can occur during an investigation. The property may include cash, vehicles, real estate, or other valuable assets.

Law enforcement agencies must file a complaint for forfeiture within 30 days of the seizure. If the property is real estate, this period extends to 90 days.

Notice of Seizure

Law enforcement must notify you after seizing your property. The notice must be in writing, and the owner must have an opportunity to contest the seizure. It must also detail the specific legal grounds for the forfeiture.

Filing a Claim

If you believe the seizure is unjust, you can file a claim to contest the forfeiture. The deadline for submitting a claim against civil forfeiture is 30 days from the date of notice.

Civil Forfeiture Trial

Filing a claim triggers a judicial forfeiture proceeding. The government must establish that the property is connected to criminal activity. The burden of proof at this hearing is lower than necessary in criminal forfeiture proceedings. At your civil forfeiture hearing, the court will determine the fate of your property.

The Outcome of the Case

If the court finds a connection between your property and an illegal activity, it will order a forfeiture. On the other hand, if the court rules in your favor, the judge will order a return of the seized property.

Concerns with Civil Asset Forfeiture

Civil asset forfeiture allows law enforcement to seize property that offenders can use for further criminal activity. However, it enables law enforcement agencies to seize property without sufficient oversight.

The government does not need evidence of your involvement in criminal activity to seize property. Therefore, it can result in unnecessary and excessive seizures, violating property owners' rights. Additionally, the low standard of proof needed for civil forfeiture increases the risk of property loss.

Social and Ethical Concerns of Civil and Criminal Asset Forfeiture in California

Civil and criminal asset forfeiture laws allow the government to seize property connected to criminal activity. In California, these laws have significant social, economic, and legal impacts, including:

  • Disproportionate impact on marginalized communities. Research shows that asset forfeiture affects marginalized communities. These individuals include people of color and low-income individuals. These groups are more vulnerable to asset forfeiture since they have fewer resources to contest it in court.
  • Financial incentives. Asset forfeiture provides financial incentives for law enforcement agencies. Police departments and prosecutors keep a significant portion of the proceeds from seized assets. Therefore, it can encourage aggressive enforcement of forfeiture laws. The practice may shift the focus from criminal justice to revenue generation.
  • Effects on free speech. The fear of asset forfeiture may deter individuals from engaging in activities that draw law enforcement attention.
  • There is a legal and financial burden on innocent people. Not all individuals who face asset forfeiture are found guilty of the underlying offenses. However, fighting to reclaim your assets is a lengthy and costly process. The legal fees and emotional toll can overwhelm your life even if you win. Protecting your property falls on you to prove that the property was not involved in criminal activity.

Find a Reliable Asset Forfeiture Attorney Near Me

Asset forfeiture is the government's powerful tool for confiscating illegally obtained money and assets. In California, asset forfeiture can be civil or criminal. Criminal forfeiture affects individuals who face a criminal conviction, while civil forfeiture can happen without an arrest or criminal conviction.

Losing your hard-earned assets or money through civil or criminal forfeiture is devastating. Fortunately, you can fight the forfeiture to protect your property. The first step towards protecting your assets is understanding the process for each type of forfeiture. Additionally, you must attend a forfeiture hearing. At this hearing, you could prove to the court that the assets or money are not linked to criminal activity.

At Asset Forfeiture Attorney, we will offer the expert legal guidance you need to defend against civil and criminal forfeiture in California. Contact us at 888-571-5590 today to discuss your case.