Criminal Forfeiture Laws – Rucci Law
Criminal Forfeiture in California: Protecting Your Assets and Your Rights
At Rucci Law, we understand that facing criminal charges is already a stressful and frightening experience. When those charges include accusations of asset forfeiture, the situation becomes significantly more complex and potentially devastating. Asset forfeiture is a legal process where the government seizes property believed to be connected to criminal activity, even if you haven’t been formally convicted of a crime. This can include bank accounts, vehicles, real estate, and other valuables. This page explains what you need to know and how Rucci Law can aggressively defend your rights.
What is Criminal Forfeiture?
Contrary to popular belief, you don’t automatically lose your property simply because you’re under investigation. The government must demonstrate a direct link between your assets and the criminal activity you’re accused of. This can be a challenging burden of proof for them to meet. The types of forfeiture most common in California include:
- Title 21 Forfeiture: Seizure of assets directly involved in a drug trafficking operation.
- Civil Forfeiture: This process, often involving a seizure order issued by a judge based on a complaint, can occur without a criminal conviction, although the government usually has to show a strong connection.
Your Constitutional Rights & Potential Overreach
The government’s ability to seize assets is not unlimited. Your Fourth Amendment rights, protecting against unreasonable searches and seizures, are critical in forfeiture cases. Rucci Law will meticulously scrutinize the government’s actions, looking for:
- Lack of Probable Cause: Did the authorities have sufficient evidence to justify seizing your assets?
- Exclusion of Evidence: Were illegally obtained searches or seizures used as the basis for the forfeiture?
- Due Process Violations: Were you afforded proper notice and an opportunity to challenge the government’s claims?
We believe in holding the government accountable and preventing what we see as potential overreach in asset forfeiture proceedings.
Rucci Law’s Approach to Forfeiture Defense
At Rucci Law, we treat every forfeiture case with the utmost seriousness. Our experienced California criminal defense attorneys will:
- Conduct a thorough investigation of the government’s evidence.
- File motions to suppress illegally obtained evidence.
- Aggressively negotiate on your behalf.
- Represent you at all hearings and trials.
Don’t face this battle alone. Contact Rucci Law today for a confidential consultation. Let us protect your assets and your freedom.
Rucci Law – Dedicated to Protecting Your Rights.
Related:
Both parties in New Mexico and elsewhere see bad problems in good-intentioned civil forfeiture laws | 18 U.S.C. § 983. GENERAL RULES FOR CIVIL FORFEITURE PROCEEDINGS | The government took $41,000 from this Texan at a Houston airport six months ago. They never gave it back. | Fortune or forfeiture: real estate lending in the cannabis space | Rand Paul – Civil Asset Forfeiture | How Police Departments Use Civil Forfeiture to Collect Billions | How to Demand the Return of Seized Property | Mooresville Police Face Legal Fight Over Cash Seized From Suspects | Civil Asset Forfeiture (ACLU) | California May Be Next to Pass Police Asset Forfeiture Reform | Ban on Purchasing Certain Equipment with Equitable Sharing Funds | Police Can Take Your Money Through Civil Forfeiture | Prosecutorial Discretion in Asset Forfeiture Cases | Why Cops Should Be Chasing the Bad Guys, Not the Big Bucks | LA Times Articles on L.A. Safe Deposit Box Forfeiture Abuse | Record $1 billion worth of bitcoin linked to the Silk Road seized by U.S. government | Montana Reins in Civil Asset Forfeiture | Seizures of Real Estate for Forfeiture | How to Avoid Losing Property to Civil Forfeiture | How Civil Forfeiture Can Enable Public Officials’ Misuse of Funds | The Heat: US Civil Asset Forfeiture Controversy | Civil Forfeiture: Legalized Theft by Police & Government | Why Rhode Island Needs Civil Asset Forfeiture Reform | Feds to seize NYC skyscraper tied to ‘Iranian terrorism’




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