Civil Forfeiture: Understanding Your Rights in California

At Rucci Law, we understand that the threat of civil forfeiture can be incredibly stressful and unsettling. It’s a legal process that can dramatically impact your financial well-being and, frankly, your freedom. We’ve seen firsthand how government agencies can sometimes overstep their boundaries, and we’re committed to fiercely protecting your constitutional rights against unwarranted asset seizure.

What is Civil Forfeiture?

Unlike criminal forfeiture, which occurs after a criminal conviction, civil forfeiture allows law enforcement to seize property suspected of being involved in criminal activity – even if you haven’t been charged with a crime. This often involves the government alleging your property was used to facilitate drug trafficking, money laundering, or other illegal activities.

How Does the Process Work?

• Administrative Forfeiture: This is the most common type. A government agency initiates the process without needing a criminal conviction.
• Contested Forfeiture: The government presents evidence to a judge or magistrate.
• Burden of Proof: Crucially, the government bears the burden of proof to demonstrate, by a preponderance of the evidence, that your property is connected to criminal activity.

The key difference between criminal and civil forfeiture is the standard of proof. In criminal cases, the prosecution must prove guilt beyond a reasonable doubt. In civil forfeiture, the government only needs to show a *preponderance* of the evidence – meaning it’s more likely than not that your property is connected to criminal activity. This significantly lowers the bar for the government.

Potential for Abuse & Our Commitment

We’ve observed troubling trends where law enforcement agencies utilize civil forfeiture as a tool to generate revenue, often without sufficient evidence or due process safeguards. Many cases involve vague allegations and lack concrete proof linking the property to criminal activity. Rucci Law is dedicated to challenging these practices.

We will:

• Scrutinize the government’s evidence for weaknesses and inconsistencies.
• Fight for proper due process protections, including notice and opportunity to be heard.
• Aggressively defend against overly broad seizure claims.
• Explore legal strategies to minimize the scope of the forfeiture.

If you’ve been served with a civil forfeiture complaint or are facing an asset forfeiture investigation, don’t wait. Contact Rucci Law today for a confidential consultation. We will thoroughly evaluate your case and protect your rights with the aggressive advocacy you deserve.