Civil Forfeiture: Protecting Your Assets – Rucci Law

At Rucci Law, we understand the devastating impact a civil forfeiture case can have on your life. The government’s ability to seize assets – including vehicles, property, and even bank accounts – without a criminal conviction is a powerful tool, but it’s one that can be misused. We are dedicated to fiercely protecting your constitutional rights and ensuring you receive the strongest possible defense against unwarranted asset seizure in California.

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 formally charged with a crime. This process can be incredibly complex and often relies on circumstantial evidence.

Understanding the Process

The government typically initiates a civil forfeiture case by filing a lawsuit alleging that your property was used to facilitate or was itself connected to illegal activity. They then serve you with a summons and a Notice of Forfeiture, outlining the allegations.

Here’s a breakdown of the key steps:

• Administrative Hearing: This initial hearing is often presided over by a government official, not a judge. The government presents evidence, and you have limited opportunity to cross-examine witnesses.
• Administrative Determination: The government makes a recommendation to the court whether to proceed.
• Court Hearing: If the government proceeds, you have the right to a full evidentiary hearing, where you can present your own evidence and challenge the government’s case.

Your Constitutional Rights – We Fight for Them

At Rucci Law, we recognize the inherent dangers of civil forfeiture, including:

• Lack of Presumption of Innocence: You are presumed guilty until the government proves your case.
• Limited Due Process Rights: The administrative hearing process often lacks adequate safeguards.
• Potential for Government Overreach: The government may seize assets based on weak evidence or insufficient justification.

We aggressively challenge the government’s evidence, scrutinize the legal procedures, and fight to protect your constitutional rights – including the right to due process, the right to counsel, and the right to be free from unreasonable seizure of property.

Don’t face this battle alone. Rucci Law has a proven track record of successfully defending clients against civil forfeiture claims in California. Contact us today for a free consultation.

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