At Rucci Law, we understand that the threat of asset forfeiture can be incredibly stressful and disruptive. The government’s ability to seize property, even without a criminal conviction, is a significant power, but it’s a power that should be carefully scrutinized. This page provides a detailed overview of asset forfeiture and outlines our strategic approach to defending your rights in California.

What is Asset Forfeiture?

Asset forfeiture is a legal process where the government seeks to take ownership of property – including cash, vehicles, real estate, and business assets – believed to be involved in criminal activity. It can happen through two primary methods:

• Criminal Forfeiture: Connected to a criminal case, where property is seized as a consequence of a criminal conviction.
• Civil Forfeiture: This occurs without a criminal conviction, based on allegations that the property was involved in criminal activity. Often, the government relies heavily on circumstantial evidence and ‘preponderance of the evidence’ standards, which can be significantly lower than the burden of proof required in a criminal trial.

Why Asset Forfeiture is a Serious Threat

The government’s ability to seize assets without a conviction raises serious constitutional concerns. The 4th, 5th, and 14th Amendments protect individuals from unreasonable searches and seizures, and due process of law. Rucci Law is dedicated to ensuring these rights are upheld, particularly in situations where:

• Weak Evidence is Presented: The government often relies on circumstantial evidence, which may not definitively link you to criminal activity.
• Overreach is Suspected: We investigate to determine if the seizure exceeds the scope of the alleged crime.
• Errors in Procedure are Made: Missteps in the seizure process can provide grounds for challenging the forfeiture.

Our Forfeiture Defense Strategy

At Rucci Law, we employ a multi-faceted approach to protecting your assets:

• Initial Investigation: We thoroughly examine the government’s evidence and the seizure process.
• Challenge the Evidence: We aggressively dispute the validity of the evidence presented.
• Motion to Quash: We file motions to halt the forfeiture process, seeking to challenge the government’s legal grounds.
• Due Process Advocacy: We ensure the government adheres to all constitutional safeguards.

Don’t face asset forfeiture alone. Rucci Law’s experienced California criminal defense attorneys are dedicated to fighting for your rights and protecting your financial future. Contact us today for a confidential consultation.