What is Asset Forfeiture and Why is It a Threat?

At Rucci Law, we understand that facing asset forfeiture can be a terrifying experience. It’s a legal process where law enforcement attempts to seize your property – including bank accounts, vehicles, real estate, and other valuables – even if you haven’t been formally charged with a crime. While asset forfeiture is a legitimate tool in combating criminal activity, it’s also a significant area where abuse can occur.

California, like many states, has laws allowing law enforcement to seize assets suspected of being involved in criminal activity. However, the process isn’t always straightforward, and mistakes, misinterpretations, or aggressive tactics by investigators can lead to the wrongful seizure of your property. We’ve seen it happen repeatedly.

Common Forms of Law Enforcement Seizure Abuse

Here’s what we look for when investigating potential abuse:

• Lack of Probable Cause: Seizure without sufficient evidence linking your property to criminal activity.
• Insufficient Due Process: Failure to provide you with proper notification, legal representation, and a fair hearing.
• Mistaken Identity: Seizing assets belonging to innocent individuals due to mistaken identification or inaccurate records.
• Illegal Searches and Seizures: Utilizing illegal search warrants or conducting seizures beyond the scope of a valid warrant.
• “Flag Seizures” (18 U.S.C. § 981): Seizing assets based solely on an individual’s connection to a suspected criminal, without a direct link to the crime itself.

Your Constitutional Rights and Our Role

You have significant constitutional rights during the asset forfeiture process. These include:

• The right to due process of law.
• The right to be free from unreasonable searches and seizures (Fourth Amendment).
• The right to legal representation.

At Rucci Law, we are fiercely committed to protecting these rights. We meticulously investigate every asset seizure, challenging the government’s evidence and ensuring that your rights are fully respected. We aggressively advocate for your interests, seeking to return wrongfully seized assets and holding law enforcement accountable for any overreach.

Don’t Wait – Protect Your Future

If you’ve had property seized by law enforcement, or if you’re concerned about a potential asset forfeiture case, don’t delay. Contact Rucci Law today for a confidential consultation. Our experienced California criminal defense attorneys can help you understand your rights, develop a strong defense strategy, and safeguard your financial future.

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