Civil Forfeiture: Protecting Your Assets and Your Rights in California

At Rucci Law, we understand that facing a civil forfeiture action can be a frightening and confusing experience. It’s not just about losing property; it’s about a fundamental challenge to your rights. Often, the government’s actions can seem disproportionate, and the process itself can be aggressive and overwhelming. We’re here to guide you through the complexities and fight to protect what’s rightfully yours.

What is Civil Forfeiture?

Unlike criminal forfeiture, which happens 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 formally charged with a crime. The government doesn’t need proof of guilt; they simply need to demonstrate a connection between the property and the alleged illegal activity. This connection can be incredibly tenuous, relying on circumstantial evidence and often subject to manipulation.

How Does the Process Work?

• Administrative Forfeiture: This is the most common type, initiated by government agencies (like the DEA, ATF, or IRS) without requiring a full court hearing.
• Court-Based Forfeiture: The government files a lawsuit in court, alleging that your property is subject to forfeiture.
• Burden of Proof: Despite the government’s claims, you have the right to challenge their evidence and demonstrate that your property is not connected to criminal activity.

Common Concerns & Our Approach at Rucci Law

Many clients worry about:

• Lack of Due Process: The administrative forfeiture process is notoriously lacking in due process protections, leaving little opportunity to defend yourself.
• Proving Innocence: It can be incredibly difficult to prove that your assets were not involved in criminal activity, especially when the government’s case is based on speculation.
• Financial Costs: Civil forfeiture cases can be incredibly expensive to defend, including attorney fees and expert witness costs.

At Rucci Law, we aggressively challenge these tactics. We meticulously investigate the government’s evidence, identify weaknesses in their case, and utilize legal strategies to protect your constitutional rights – including the Fourth Amendment protection against unreasonable seizure. We’ll explore every avenue, including challenging the government’s burden of proof and arguing for the return of your assets.

Don’t face this battle alone. Contact Rucci Law today for a confidential consultation. Let our experienced California criminal defense attorneys fight for you.

Additional Reading:
Seizure of Medical Marijuana Assets: Legal Defense | Timelines in Forfeiture Cases: A Legal Guide | Institute for Justice’s Scott Bullock Discusses Civil-Asset Forfeiture Abuse | JUSTICE MANUAL 9-117.000 – Department Of Justice Assets Forfeiture Fund | Highway Robbers Return Money Taken from Ex-Marine The Catch? They Were Cops | County Sheriff Slapped with Civil Forfeiture Lawsuit | How Innocent Owners Can Reclaim Seized Assets | Civil asset forfeiture is a dangerous tool | A Setback for Justice | Kim Kardashian pays over $1 million to settle SEC charges linked to a crypto promo on her Instagram | Attorney General Sessions Announces Policy to Increase Civil Forfeiture | Timbs vs. Indiana: Understanding Excessive Fines and Fourth Amendment Rights | Petitions for Remission & Mitigation: Administrative Relief from Forfeiture | District Attorneys and Civil Asset Forfeiture | Ending Government’s Civil Asset Forfeiture Theft of Property One State at a Time | This Is How the Government Robs the Innocent | Civil Asset Forfeiture | Civil Asset Forfeiture: The Police Perspective | Probable Cause in Seizures: A Legal Guide | Civil Forfeiture & the Eighth Amendment: Protecting Your Property Rights | Yes, the government can steal your stuff | Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program | Reforming Civil Asset Forfeiture (ACLU) | SC Troopers under SLED investigation following $110K seizure | Good and bad news on civil asset forfeiture