Asset Forfeiture Procedure – Rucci Law

Asset Forfeiture in California: Understanding Your Rights with Rucci Law

Facing an asset forfeiture case in California can be a frightening experience. The government’s power to seize property used in criminal activity – or even suspected of being used in criminal activity – can seem overwhelming. At Rucci Law, we understand the anxiety and potential financial devastation this process can cause. Our experienced California criminal defense attorneys are dedicated to protecting your rights and fighting tirelessly to ensure your assets are not unjustly taken.

What is Asset Forfeiture?

Asset forfeiture is a legal process where the government takes control of property believed to be connected to a crime. This can happen under two main categories:

  • Criminal Forfeiture: This occurs when property is directly linked to a specific criminal offense – such as drug trafficking, weapons violations, or fraud.
  • Civil Forfeiture: This process often involves a lower standard of proof than criminal cases and can target property even without a direct criminal conviction.

The Forfeiture Process – A Step-by-Step Overview

The government typically follows these stages in an asset forfeiture case:

  • Initial Seizure: Your property can be seized without a criminal conviction, often based on a warrant or administrative order.
  • Notice and Hearing: You will receive a notice of the seizure and be entitled to a hearing to challenge the government’s actions. This is a crucial stage where your rights are determined.
  • Government Burden of Proof: The government must demonstrate a sufficient connection between your property and the criminal activity. This burden of proof often falls below the “beyond a reasonable doubt” standard required in criminal trials.
  • Appeals: If you disagree with the forfeiture order, you have the right to appeal to higher courts.

Protecting Your Constitutional Rights

At Rucci Law, we are acutely aware of potential government overreach in asset forfeiture cases. We vigorously defend against:

  • Lack of Due Process: Ensuring you receive proper notice, a fair hearing, and access to evidence.
  • Overbroad Seizures: Challenging seizures based on suspicion or vague connections.
  • Insufficient Evidence: Scrutinizing the government’s evidence to demonstrate it doesn’t meet the required legal standards.

Why Choose Rucci Law?

Our experienced California asset forfeiture attorneys at Rucci Law have a proven track record of success in protecting our clients’ rights. We provide aggressive, strategic representation throughout the entire process. Don’t face this challenging legal battle alone. Contact Rucci Law today for a confidential consultation.

Rucci Law – Fighting for Your Rights, Protecting Your Assets.