Understanding DEA Asset Forfeiture – A Critical Threat

At Rucci Law, we understand that the seizure of your assets by the Drug Enforcement Administration (DEA) and other government agencies can be a terrifying experience. The process is often complex, confusing, and, frankly, designed to overwhelm individuals. You may be facing charges related to drug trafficking, but the government’s primary tool is asset forfeiture – taking your property even without a criminal conviction. This isn’t just about seizing money; it can include vehicles, real estate, business accounts, and more.

The DEA’s authority for asset forfeiture stems largely from 18 U.S. Code § 981, which allows seizure when property is involved in a drug crime. However, the government’s interpretation and application of this law can be overly broad, leading to potential overreach and the unjust deprivation of your rights.

Your Rights – A Shield Against Government Overreach

You have significant constitutional rights that protect you from unlawful seizure. Rucci Law’s experienced California criminal defense team will aggressively defend you against any attempt to take your property without due process.

Key Rights You’re Entitled To:

• Due Process:** The government must provide you with clear notice of the forfeiture action and a fair opportunity to challenge it.
• Probable Cause:** The government must demonstrate probable cause – a reasonable belief – that the property is connected to criminal activity.
• Right to Counsel:** You have the right to be represented by an attorney specializing in asset forfeiture defense.
• Protection Against Seizure Without Conviction:** In most cases, the government must prove your guilt before seizing your assets.
• Protection of Third-Party Interests:** The government must also consider whether you have legitimately acquired the property through lawful means.