Asset Forfeiture Appeals: Understanding Your Rights with Rucci Law

At Rucci Law, we understand that the specter of asset forfeiture can be incredibly frightening. The government’s power to seize property allegedly connected to criminal activity can feel overwhelming, and often, the process is shrouded in legal complexities. We’ve built our firm on a foundation of protecting the constitutional rights of California residents facing these challenging situations. This page explains the asset forfeiture appeal process and how Rucci Law is dedicated to aggressively defending your assets.

What is Asset Forfeiture?

Asset forfeiture is a legal process where the government seizes property believed to be connected to criminal activity. This can happen through several avenues, including:

• Civil Forfeiture: This often relies on a lower standard of proof than criminal cases.
• Criminal Forfeiture: Linked to a criminal conviction, targeting property directly involved in the crime.
• Summary Forfeiture: Used for relatively low-value items (e.g., drugs, firearms) and can proceed rapidly.

The Appeal Process: A Step-by-Step Guide

If you believe an asset forfeiture is unlawful, you have the right to appeal. Here’s a breakdown of the typical process:

1. Administrative Protest:

This is the first stage and often the most crucial. It’s a challenge to the seizure before a formal court hearing. We can argue errors in the seizure process, lack of evidence connecting the asset to the alleged crime, or procedural flaws.

2. Judicial Review:

If the administrative protest is denied, you can file a lawsuit seeking judicial review. This involves a court hearing where we will rigorously challenge the government’s actions.

3. Appellate Review:

If the court rules against you, you may have the right to appeal to a higher court. At Rucci Law, we have extensive experience navigating the California appellate courts.

Protecting Your Constitutional Rights

We recognize the potential for government overreach in asset forfeiture cases. Common issues we address include:

• Lack of Probable Cause: Did the initial seizure meet the required legal standards?
• Illegal Seizure Techniques: Were proper procedures followed?
• Exclusion of Evidence: Were illegally obtained assets improperly used as evidence?

Why Choose Rucci Law for Your Asset Forfeiture Case?

At Rucci Law, we’re not just lawyers; we’re advocates. We approach every asset forfeiture case with unwavering determination and a deep understanding of constitutional rights. We’ll meticulously investigate the facts, build a strong defense, and fight tirelessly to protect your financial future. Contact Rucci Law today for a confidential consultation. Don’t face this challenge alone.