Innocent Owner Attorney California – Rucci Law
Protecting Your Assets: Understanding Asset Forfeiture in California
What is Asset Forfeiture? A Serious Threat
At Rucci Law, we understand that being accused of involvement in criminal activity is a frightening experience. Often, this experience quickly escalates into a devastating legal challenge – asset forfeiture. Asset forfeiture is a legal process where the government seizes assets believed to be connected to criminal activity, even if you haven’t been formally charged with a crime. This isn’t a standard criminal charge; it’s a civil action, meaning the rules of evidence and procedure are significantly different, often placing you at a severe disadvantage.
Many California residents are unaware of the breadth of asset forfeiture laws. The government can seize assets like bank accounts, vehicles, real estate, and even business accounts, if they can demonstrate a link – however tenuous – to the alleged criminal activity. This can have a crippling financial impact, even if you are ultimately found innocent of the underlying crime.
Types of Asset Forfeiture in California
There are several types of asset forfeiture proceedings in California, each with unique requirements:
- Criminal Forfeiture: Seized under the course of a criminal investigation or as a direct result of a criminal conviction.
- Civil Forfeiture: This is the most common and concerning type, initiated by the government without a criminal conviction. It relies on a ‘probable cause’ standard, meaning the government needs to show a reasonable basis for believing the asset is connected to criminal activity.
- Forfeiture under State Statutes: California has specific statutes that allow for asset seizure related to drug offenses, money laundering, and other crimes.
Your Constitutional Rights – We Fight for Them
At Rucci Law, we firmly believe in protecting your constitutional rights throughout the asset forfeiture process. This includes:
- The Right to Due Process: You have the right to a fair hearing and the opportunity to challenge the government’s evidence.
- The Exclusionary Rule: Illegally obtained evidence cannot be used against you.
- Protection Against Self-Incrimination: You cannot be compelled to testify against yourself.
The government’s reach in asset forfeiture cases can be excessive. We aggressively challenge overreaching investigations and ensure the government meets the stringent legal requirements for seizing your assets. We’re not simply defense attorneys; we’re your advocates against potentially unchecked government power.
Why Choose Rucci Law for Asset Forfeiture Defense
Rucci Law has a dedicated team of experienced criminal defense attorneys specializing in asset forfeiture cases in California. We provide:
- Strategic Legal Representation: We develop tailored defense strategies based on the specific facts of your case.
- Thorough Investigation: We investigate the government’s evidence and identify weaknesses.
- Aggressive Advocacy: We fight tirelessly to protect your assets and your freedom.