Understanding Asset Forfeiture – A Critical Threat

At Rucci Law, we understand that the government’s seizure of your assets – whether it’s a bank account, vehicle, business, or real estate – can be a terrifying and confusing experience. Asset forfeiture is a legal process where the government attempts to take property believed to be linked to criminal activity, even if you haven’t been formally charged with a crime. It’s a powerful tool, and unfortunately, it’s sometimes wielded in a way that raises serious concerns about individual rights. We’re committed to ensuring you understand your options and fiercely protecting your constitutional protections throughout the entire process.

Your Rights During Asset Forfeiture

The process of asset forfeiture isn’t always straightforward, and there are several critical steps and rights you must understand. Rucci Law’s experienced California criminal defense team will guide you through each stage, safeguarding your interests.

• Administrative Forfeiture: This initial stage often occurs without a criminal trial. The government presents evidence suggesting a connection between your property and criminal activity. Even at this stage, you have the right to challenge the evidence and argue for its suppression.
• Contested Forfeiture: If you believe the government’s claims are inaccurate or based on insufficient evidence, you can initiate a contested forfeiture proceeding in federal or state court.
• Due Process Rights: You are guaranteed due process under the Fifth and Fourteenth Amendments of the Constitution. This includes the right to notice, the right to be heard, and the right to confront and cross-examine witnesses.
• The Burden of Proof: The government bears the burden of proving, by clear and convincing evidence, that your property was involved in criminal activity.
• Protecting Your Property Rights: We will meticulously examine the government’s evidence, identify weaknesses, and develop a robust defense strategy.

Potential Government Overreach & How Rucci Law Protects You

Unfortunately, we’ve seen instances where the asset forfeiture process is used improperly, leading to the seizure of legitimate property. This can happen due to insufficient evidence, flawed procedures, or a lack of oversight. Rucci Law takes a proactive approach, scrutinizing every aspect of the case to prevent this overreach. We will explore:

• Lack of Probable Cause: Did the government establish probable cause before seizing your property?
• Chain of Custody Issues: Were proper procedures followed to ensure the integrity of your property?
• Evidence Suppression: Can any evidence used against you be suppressed due to illegal search and seizure or improper handling?

Why Choose Rucci Law?

At Rucci Law, we treat every asset forfeiture case with the utmost seriousness. Our team is comprised of dedicated California criminal defense attorneys with extensive experience in asset forfeiture litigation. We are committed to providing personalized, aggressive representation, protecting your rights and fighting for the best possible outcome. Don’t face this challenging process alone. Contact Rucci Law today for a confidential consultation.