Asset forfeiture is a legal process through which the government seizes property believed to be connected to criminal activity. In California, both state and federal laws govern asset forfeiture. The process can involve seizing various property types, including money, vehicles, and real estate. The purpose of asset forfeiture by the government is to disrupt criminal enterprises. This is by removing the tools and proceeds of illegal activities.

The asset forfeiture process differs depending on the type of forfeiture. The stakes are high for individuals facing a potential asset forfeiture in California because you can lose your valued possessions in a process prone to flaws.

Fortunately, you can fight against forfeiture. You can do this by hiring and retaining a knowledgeable asset forfeiture attorney. Your lawyer will help you through the legalities of asset forfeiture. Besides, they can develop a defense against your asset forfeiture.

Asset Forfeiture in California

Under California law, the government can seize your assets if you are involved in criminal activity. This can occur if the assets are used for criminal activity or purchased using illegal funds. The purpose of asset forfeiture is to deprive criminals of the proceeds of illegal activities. Additionally, it deters future criminal conduct by making it financially unappealing.

Some assets seized by law enforcement may also undergo federal. This happens through through programs like "equitable sharing. With these programs, the federal government can take the seized property and pursue forfeiture under federal law. If the state process fails, the federal government might pursue forfeiture.

The type of asset the government will seize in their forfeiture will depend on the kind of forfeiture you suffer. Common types of forfeiture under California law include:

Criminal Asset Forfeiture

Criminal forfeiture occurs as part of the criminal prosecution process. In this type of forfeiture, law enforcement agencies seize assets after a criminal conviction. The goal of criminal forfeiture is to punish the defendant and remove the proceeds of criminal activity from circulation.

The government must establish a link between the assets and criminal activity in criminal forfeiture. The forfeiture process typically happens after the criminal trial, after a conviction. There are two primary forms of criminal forfeiture in California. They include:

  • Forfeiture as part of the criminal sentence. In this case, the government will seek the forfeiture of assets used in the criminal acts. Law enforcement will also seize property purchased with money from criminal activity. If you face a conviction for drug trafficking, the government may seize the vehicle used to transport drugs. Additionally, law enforcement can seize the money earned through the sale of illegal substances.
  • Forfeiture during the trial. In some cases, law enforcement may seize assets before a conviction. This happens when they have probable cause to believe the property is linked to a crime. However, the government must still prove the connection between the asset and the crime in court.

Criminal forfeiture can apply to various assets. They include cash, vehicles, real estate, and businesses. A criminal defendant can challenge the forfeiture in court. However, the government’s burden of proof is lower than in other types of legal proceedings. The primary goal of criminal forfeiture is to remove criminal proceeds from the community.

Civil Asset Forfeiture

Civil forfeiture differs from criminal forfeiture. Civil forfeiture allows the government to seize property without charging you with a crime. In civil forfeiture cases, the property is an independent participant in the criminal act. Therefore, the legal proceedings against the property rather than the individual include seizure.

The process of civil asset forfeiture tackles the following steps:

  • Seizure. The government seizes property suspected to be involved in illegal activity. This can include vehicles, houses, or cash.
  • Notice. The government must notify the property owner of the seizure. This usually occurs within 30 days of the court action. When your notice arrives, you can respond by mail. The response will indicate your intentions to fight the forfeiture.
  • Petition for Return. The property owner can challenge the seizure. This is by filing a petition for the property's return. Challenging an asset forfeiture involves a lengthy court process. Therefore, you will need the guidance of a competent asset forfeiture attorney.
  • Burden of Proof. In a civil forfeiture case, the government does not have to prove criminal guilt. Instead, law enforcement must show that the property is connected to a crime. When you face a potential civil forfeiture, you must prove that the property or money has no criminal connection.
  • Forfeiture Hearing. The court holds a hearing where you can challenge a civil forfeiture. You can present evidence at this hearing that the property is not part of a criminal act. If you present convincing evidence to the court, the judge can order a return of the forfeited property.

Administrative Asset Forfeiture

Administrative forfeiture occurs when law enforcement agencies seize property without the court process. This type of asset forfeiture is common in cases of low-value assets.

Like in civil assessment, law enforcement will seize your assets or property before notifying you of the action. After receiving notice of the forfeiture, you have up to thirty days to file a claim. The court will then schedule a hearing to determine whether the property forfeiture must proceed. This process does not require a court appearance but involves a review by a government official or agency.

Types of Assets Seized in  Government Forfeiture

The government uses asset forfeiture to disrupt criminal activities. A forfeiture means that the government will take ownership of the property. You can contest the forfeiture by keeping the item under the guidance of an asset forfeiture lawyer. You can lose the following assets in a government forfeiture:

Real Property

Real property is one of the most significant types of assets subject to forfeiture in California. This includes land, houses, and commercial buildings. The court can order a forfeiture of these properties if they are used in connection with illegal activities. Besides, the court forfeits property purchased with the proceeds of criminal activity. The illegal activities include drug manufacturing, human trafficking, and money laundering.

If you use a house or commercial property to manufacture or distribute illegal drugs, the government may forfeit it. Under California HSC 11470, the government can seize and forfeit real property used for a drug-related activity.

Additionally, if the court finds that a property is a base for operations for organized crime, a judge will order its forfeiture. The government must show that the property was involved in criminal activity before forfeiting it. Property owners who are subject to forfeiture can challenge the action in court.

Vehicles

California asset forfeiture laws allow the government to seize vehicles in asset forfeiture. This includes cars, trucks, boats, motorcycles, and aircraft linked to criminal activity. The court can forfeit the vehicles used to transport or distribute illegal substances. Vehicles are often used to transport illicit drugs. Under California HSC 11470, the government can seize vehicles transporting illegal drugs.

Additionally, you can lose a vehicle in forfeiture if you use it in the commission of a crime under California or federal law. In cases of drunk driving, you can lose a vehicle if it is involved in the commission of DUI crimes. The offenses include driving under the influence (DUI) or vehicular manslaughter.

Law enforcement officers can also forfeit vehicles purchased with illicit proceeds. If a person uses money derived from criminal activity to buy a vehicle, the government can seize it. The vehicle is then sold to recover the proceeds from the crime. The proceeds can act as restitution for victims of the crimes or be used to cover court costs and fines.

Drugs and Controlled Substances

The federal or state government can forfeit drugs and other controlled substances. Controlled substances are drugs whose possession, sale, or manufacture is regulated. The controlled substances range from illegal narcotics to prescription medication.  Law enforcement agencies can seize illicit drugs and narcotics that are being trafficked or sold.

California’s Health and Safety Code allows the government to seize and forfeit controlled substances. This occurs during unlawful possession, distribution, or manufacturing. These substances include methamphetamine, heroin, cocaine, ecstasy, and prescription medications.

After the forfeiture, the court orders the destruction of the drugs. Sometimes, the seized substances can serve as physical evidence in drug-related offenses. Additionally, the court can seize the proceeds from the sale of illegal drugs. This can include money or assets procured with the money. For example, if law enforcement finds large sums of money and a significant amount of drugs, they can seize it. This is because California law views such money as proceeds of drug sales.

Financial Assets and Money

Cash, cryptocurrency, and other financial assets are not exempt from forfeiture by the government. The government often seizes cash that is connected to illegal activity. The activities can include drug trafficking, human trafficking, robbery, or money laundering.

If you have large sums of money whose source you cannot explain, law enforcement can seize them. This occurs when officers discover the money during a drug raid or a sting operation.

Financial accounts, including checking, savings, and online payment accounts, also suffer forfeiture. The government must prove its connection to criminal acts before the forfeiture. This type of forfeiture is common in cases of money laundering. Also, you can suffer this type of seizure for financing terrorism. In such cases, illegal funds are sent through legitimate financial institutions.

Weapons

You can legally own and use a firearm in California if you are over eighteen. However, you must not have a felony record. Additionally, California has strict rules on the type of firearms you can possess. The government can seize firearms such as guns, explosives, and ammunition used to commit crimes.

Under California Penal Code Section 18250, law enforcement can forfeit any firearm used in the commission of a crime. These offenses include armed robbery or assault with a deadly weapon. Additionally, weapons that are part of a more extensive criminal operation can undergo forfeiture.

You must not own a firearm illegally or modify a legal firearm for criminal purposes. Therefore, the government can order the forfeiture of unlicensed or illegally obtained firearms. This is especially common in cases involving organized crime or gang activity.

Animals

California’s asset forfeiture laws also extend to animals. This occurs in cases where the animals are involved in illegal activities. The government can seize exotic animals if they are part of an illegal wildlife trade.

Racehorses and livestock may also undergo forfeiture if connected to criminal enterprises.  Sometimes, law enforcement agencies may seize endangered animal species. You can lose your pets to a government forfeiture if keeping them violates animal cruelty laws.

Intangible Assets

Under California law, the government can seize intangible assets linked to criminal activity. These assets include business interests, cryptocurrency, and intellectual property.

Cryptocurrency has gained popularity as a forfeitable asset because of its involvement in cybercrime, fraud, or money laundering cases. Law enforcement agencies can seize cryptocurrency wallets linked to criminal activity, and if your business aids criminal activity, the court can seize the business assets.

Find a Reliable Asset Forfeiture Attorney Near Me

The government uses asset forfeiture as a legal tool to dismantle criminal enterprises. The government can seize your assets in civil, criminal, or administrative forfeiture. The type of forfeiture you face will vary depending on the circumstances of your case. You will face a criminal forfeiture after a criminal conviction. On the other hand, civil litigation could result in civil forfeiture.

Government forfeiture can result in the loss of a wide range of property, including real property like homes, businesses, vehicles, financial assets, weapons, and drugs. Asset forfeiture targets assets linked to criminal activity. However, there are concerns about due process and potential abuse of the forfeiture actions. This is because the procedures continue evolving to address the rising concerns.

The owners of forfeited assets can challenge the seizure in court. The laws surrounding asset forfeiture are complex, and there are strict deadlines for contesting the forfeiture. Therefore, you can protect your property by hiring a reliable attorney. At Asset Forfeiture Attorney, we offer expert legal insight for our clients in California. Call us today at 888-571-5590 for much-needed guidance.