Cash Forfeiture in California: Protecting Your Assets – Rucci Law

At Rucci Law, we understand that the prospect of having your assets seized – often without a criminal conviction – is terrifying. California’s cash forfeiture laws, while intended to combat crime, can be complex and, frankly, prone to abuse. We’re dedicated to protecting your rights and fighting relentlessly to ensure your property remains yours.

What is Cash Forfeiture?

Cash forfeiture is a legal process where the government seizes assets believed to be derived from or used in criminal activity. Unlike traditional asset forfeiture, which typically requires a criminal conviction, California law allows the state to initiate forfeiture proceedings based on “probable cause,” meaning they only need to show a connection between the asset and illegal activity. This can occur even if you’ve never been formally charged with a crime.

Understanding the Process

Here’s a breakdown of how California’s cash forfeiture process can unfold:

• Initial Seizure: The state can seize assets based on probable cause, often involving suspicion of involvement in drug trafficking or other crimes.
• Notice of Forfeiture: You’ll receive a notice informing you of the seizure and initiating a civil forfeiture proceeding.
• Administrative Hearing: This is a crucial stage. You have the right to a hearing before an administrative law judge. While the burden of proof is lower than in a criminal trial, it’s still essential to challenge the government’s evidence.
• Judicial Review: If the administrative hearing rules in favor of the state, the case can proceed to a civil court for a final judgment.

Protecting Your Constitutional Rights

At Rucci Law, we aggressively defend against cash forfeiture, focusing on several key constitutional rights, including:

• The Right to Due Process: We ensure you receive proper notice and a fair hearing.
• The Fourth Amendment (Seizure of Property): We scrutinize the government’s evidence to determine if the seizure was lawful.
• The Fifth Amendment (Right to Own Property): We fight to protect your property rights, recognizing that forfeiture can be a devastating financial blow.

Why Choose Rucci Law?

We’re not just lawyers; we’re advocates. We understand that cash forfeiture cases can feel overwhelming. Our experienced California criminal defense team at Rucci Law is prepared to aggressively challenge the government’s actions, meticulously investigating the evidence, and presenting a robust defense on your behalf. Don’t face this fight alone. Contact Rucci Law today for a consultation.

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