Asset Forfeiture in California: Protecting Your Property and Rights

At Rucci Law, we understand the immense stress and potential financial devastation that a federal or state asset forfeiture case can inflict. The government’s power to seize property – often without a criminal conviction – is a serious concern, and we’re dedicated to aggressively defending your rights and protecting your assets. This page provides a clear explanation of the asset forfeiture process in California and outlines how Rucci Law is uniquely positioned to fight for you.

What is Asset Forfeiture?

Asset forfeiture is a legal process where the government takes control of property believed to be connected to criminal activity. It doesn’t require a criminal conviction; it can occur under various laws, including the Controlled Substances Act, the Narcotics Asset Forfeiture Fund Act, and state-level laws. The government typically alleges that your property was used in a crime, derived from criminal activity, or intended for criminal activity. This can include houses, cars, bank accounts, investments, and other valuables.

Understanding the Process

The forfeiture process generally follows these steps:

• Administrative Complaint: The government files an initial complaint alleging a connection between your assets and criminal activity.
• Notice: You receive formal notification of the complaint and a hearing date.
• Hearing: A hearing is held where the government presents evidence. Crucially, you have the right to challenge the evidence.
• Final Order: If the government prevails, a final order is issued, transferring ownership of the property to the state.

Protecting Your Constitutional Rights

At Rucci Law, we prioritize protecting your constitutional rights throughout the entire process. Key concerns include:

• Probable Cause: The government must demonstrate probable cause, which is often weak without a criminal conviction.
• Due Process: You have the right to a fair hearing, notice of the proceedings, and the opportunity to confront the evidence against you.
• Fourth Amendment Protection: The government’s seizure of property must be lawful and based on proper legal procedures.

Why Choose Rucci Law?

We’re not just defense attorneys; we’re aggressive advocates dedicated to fighting government overreach. Our experienced team specializes in asset forfeiture cases, meticulously investigating each claim and developing tailored strategies to protect your interests. We will challenge the government’s evidence, scrutinize their procedures, and ensure your rights are fully protected. Don’t face this daunting legal battle alone. Contact Rucci Law today for a confidential consultation.