Understanding Drug Seizure Defense

Facing allegations that assets – like vehicles, bank accounts, and property – were acquired through illegal drug activity is a frightening experience. At Rucci Law, we understand the profound impact this has on your life, both financially and emotionally. Often, law enforcement operates under the assumption that if they seize assets related to a drug investigation, those assets are automatically forfeited to the government. However, this is rarely the case, and it’s crucial to understand your constitutional rights.

The government’s ability to seize assets is rooted in a legal process known as “equitable distribution.” This allows a judge to order the seizure of property if there is strong evidence it was derived from, or used to facilitate, illegal drug activity. However, this process is heavily reliant on the government meeting a high burden of proof, and we aggressively challenge that burden.

Key Concerns & Our Approach

Here at Rucci Law, we routinely encounter cases where the government’s evidence is insufficient or based on flawed assumptions. Common issues we address include:

• Lack of Direct Evidence: The government often relies on circumstantial evidence. We rigorously examine this evidence for weaknesses and challenge its connection to illegal drug activity.
• “Fruits of the Poisonous Tree”: Evidence obtained illegally – such as an unlawful search or seizure – can taint legitimate assets, leading to forfeiture.
• Failure to Establish Chain of Custody: Proper record-keeping of seized assets is vital. We scrutinize the government’s chain of custody to identify potential breaches.
• Unjust Enrichment: The government may attempt to claim you unfairly benefited from the alleged drug activity. We defend against this by demonstrating legitimate sources of income.

We don’t simply defend against forfeiture; we actively protect your constitutional rights – specifically, the Fifth Amendment’s protection against self-incrimination and the Fourteenth Amendment’s Due Process clause. We believe the government should prove, beyond a reasonable doubt, that your assets were connected to a crime.

Our Aggressive Defense

At Rucci Law, we provide a focused and results-oriented approach to asset forfeiture defense. We meticulously investigate the circumstances surrounding the seizure, identify vulnerabilities in the government’s case, and build a strong defense on your behalf. We’re committed to fighting for your rights and safeguarding your financial future.

Don’t face this challenge alone. Contact Rucci Law today for a confidential consultation. Let us explain your legal options and protect your assets.