Criminal Forfeiture Cases: Protecting Your Assets & Your Rights

At Rucci Law, we understand that a criminal charge is already a stressful experience. When that charge involves the seizure of your assets – a criminal forfeiture – the stakes become significantly higher. Forfeiture laws, intended to combat crime, can unfortunately lead to government overreach and the unjust loss of property. We’re here to ensure your rights are protected and to aggressively defend your interests throughout the entire process.

What is Criminal Forfeiture?

Criminal forfeiture is a legal process where the government seeks to seize property believed to be connected to criminal activity, even if the owner hasn’t been convicted of a crime. It’s a critical distinction from civil forfeiture, which doesn’t require a criminal conviction. California law allows for both federal and state forfeiture actions, and Rucci Law represents clients in both contexts.

Understanding the Process

1. Initial Seizure: The government can seize assets based on probable cause. This doesn’t mean you’re guilty; it simply means they believe there’s a link to criminal activity.
2. Administrative Proceedings: Following seizure, there’s often an administrative hearing where the government presents evidence. You have the right to challenge the seizure and present your own defenses.
3. Judicial Hearing: If the administrative hearing doesn’t resolve the case, a judicial hearing is held before a judge. This is where the government must prove a clear connection between your assets and criminal activity – often a “nexus” must be established.
4. Trial: If the case proceeds to trial, you have the full protections of the legal system to challenge the government’s evidence.

Common Concerns & Our Approach

Many clients facing forfeiture cases are understandably concerned about:

• Lack of Due Process: The forfeiture process can be expedited, potentially denying you adequate time to prepare a defense.
• Insufficient Evidence: The government’s burden of proof is high, but they sometimes rely on circumstantial evidence or flawed investigative techniques.
• Confiscated Assets: The loss of assets can have devastating financial consequences.

At Rucci Law, we take a proactive approach. We meticulously investigate the government’s evidence, challenge its validity, and advocate for your rights every step of the way. We focus on:

• Establishing a lack of nexus between your assets and the alleged criminal activity.
• Identifying procedural errors in the government’s case.
• Negotiating favorable settlements when appropriate.

Don’t navigate this complex legal landscape alone. Contact Rucci Law today for a confidential consultation. We’re dedicated to defending your property rights and ensuring a fair outcome in your criminal forfeiture case. (555) 123-4567 | Schedule a Consultation