Protecting Your Assets: Understanding Asset Forfeiture in California

What is Asset Forfeiture?

At Rucci Law, we understand that facing asset forfeiture can be a frightening experience. Simply accused of criminal activity doesn’t automatically mean your property will be seized. However, the U.S. government, including the State of California, has significant power to take your assets – your bank accounts, vehicles, real estate, and other valuables – even if you haven’t been formally convicted of a crime.

Asset forfeiture typically stems from two primary legal mechanisms: Title 18, United States Code (18 U.S.C.), which governs federal forfeiture, and state laws like California’s Revised Code of Criminal Procedure (RPC) Chapter 2955, which governs state-level proceedings.

How Does Asset Forfeiture Work?

The government doesn’t need a conviction to initiate forfeiture proceedings. They can allege that your assets were involved in a crime, even if you were not directly involved. The process generally involves:

Administrative Forfeiture: This is initiated without a formal court hearing and relies on allegations of criminal activity. It’s often faster but offers less due process protection.
Court Forfeiture: This requires a court hearing where the government must prove, by a preponderance of the evidence, that your assets were connected to criminal activity.

Your Constitutional Rights in Asset Forfeiture Cases

At Rucci Law, we vehemently defend your constitutional rights throughout the forfeiture process. These include:

The Fourth Amendment: Protection against unreasonable searches and seizures.
The Fifth Amendment: Right to due process and protection against self-incrimination.
The Fourteenth Amendment: Guaranteeing equal protection under the law.

We are vigilant in challenging overreaching government tactics and ensuring that your rights are fully respected.

Why Choose Rucci Law for Asset Forfeiture Defense?

We possess a proven track record of successfully defending clients facing asset forfeiture challenges in California. Our experienced attorneys are well-versed in the intricacies of forfeiture laws and procedures. We aggressively advocate for your rights, meticulously investigate the government’s case, and fight to protect your financial future.

Don’t face this daunting legal battle alone. Contact Rucci Law today for a confidential consultation. Let us protect your assets and your freedom.

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