Civil Forfeiture in California: Understanding Your Rights with Rucci Law

At Rucci Law, we understand that the prospect of your assets being seized by the government – through civil forfeiture – can be incredibly frightening and confusing. It’s a process designed to be complex, and often, the government’s actions aren’t fully transparent. We’re dedicated to protecting your constitutional rights and fighting tirelessly to ensure your property rights are respected. Just as Kirk Tarman & Associates relentlessly defends against asset forfeiture, we are committed to aggressive representation for California clients facing similar challenges.

What is Civil Forfeiture?

Unlike criminal forfeiture, which occurs after a criminal conviction, civil forfeiture allows the government to seize property suspected of being involved in criminal activity – even if you haven’t been charged with a crime. The government can initiate a civil action to claim ownership based on “probable cause,” a significantly lower standard of proof than required in a criminal case. This means the government doesn’t need to prove you committed a crime; they only need to show a link between your property and illegal activity. This is a critical distinction, and one that dramatically shifts the balance of power in your favor when properly addressed.

Understanding the Process & Your Rights

Here’s a breakdown of the typical civil forfeiture process, and how Rucci Law challenges it:

• Initial Complaint: The government files a lawsuit seeking to seize your property.
• Discovery: We meticulously review all evidence the government intends to use against you. This includes police reports, financial records, and witness statements.
• Motion to Quash: We aggressively challenge the government’s evidence and attempt to halt the proceedings.
• Hearing: A hearing is held where the government must present evidence of a connection between your property and criminal activity.
• Trial: If the hearing isn’t successful, we will move forward with a full trial.

Why Rucci Law is Your Strongest Defense

At Rucci Law, we recognize the potential for government overreach in civil forfeiture cases. We’re not just lawyers; we’re advocates who believe in protecting your fundamental rights. We specialize in:

• Challenging Probable Cause: We scrutinize the government’s evidence to demonstrate a lack of probable cause.
• Strict Scrutiny of Procedures: We ensure the government followed proper procedures in initiating the forfeiture action.
• Strategic Legal Arguments: We utilize legal precedents and techniques to maximize your chances of success.

Don’t face this battle alone. Contact Rucci Law today for a confidential consultation. Let us protect your assets and your freedom.