Understanding Real Estate Forfeiture in California

At Rucci Law, we understand that the threat of real estate forfeiture can be devastating. It’s more than just losing a property; it can jeopardize your financial future and significantly impact your life. Real estate forfeiture, often stemming from drug charges, money laundering, or other criminal activity, is a serious legal process, and the government’s power to seize assets is not absolute.

California, like many states, utilizes civil asset forfeiture laws. These laws allow law enforcement and prosecutors to seize property believed to be connected to criminal activity, even if the owner hasn’t been formally charged with a crime. The government doesn’t need to prove guilt beyond a reasonable doubt; instead, they need to demonstrate a connection between the property and the alleged criminal activity – a much lower standard than in a criminal trial.

The Process – And Where You Must Retain Control

The forfeiture process typically involves:

• Complaint Filing: The government files a civil complaint alleging the property was obtained through criminal activity.
• Notice: You are typically given notice of the complaint and an opportunity to respond.
• Hearing: A hearing is held to determine if there is sufficient evidence to justify the seizure.
• Court Order: If the court finds a connection, it issues an order for the property’s forfeiture.

Crucially, you have rights at every stage. Rucci Law is experienced in challenging these seizures, focusing on weaknesses in the government’s evidence and potential constitutional violations.

Protecting Your Constitutional Rights

The government’s ability to seize property is constrained by the Fifth and Fourteenth Amendments. We meticulously examine:

• Probable Cause: Was there sufficient probable cause to initially suspect criminal activity?
• Due Process: Were you afforded proper due process rights throughout the proceedings?
• Lack of Connection: Is there a legally sufficient connection between the property and the alleged criminal activity?

We fight to demonstrate government overreach and ensure your constitutional rights are protected.

Why Choose Rucci Law?

At Rucci Law, we’re more than just a law firm; we’re your advocates. We understand the emotional and financial strain of asset forfeiture and are committed to aggressively defending your rights. We leverage our expertise in California civil asset forfeiture law to build strong defenses, negotiate settlements, and ultimately, protect your property and your future.