Real Estate Seizure & Asset Forfeiture: Protecting Your Property in California

At Rucci Law, we understand the devastating impact that asset forfeiture can have on your life, particularly when it involves your home and property. We specialize in defending clients facing real estate seizure, ensuring your constitutional rights are vigorously protected.

What is Asset Forfeiture?

Asset forfeiture is a legal process where the government seizes property believed to be connected to criminal activity. While intended to combat crime, it’s frequently subject to abuse and overreach. The government typically pursues forfeiture under two primary statutes: 18 U.S.C. § 981 (federal) and California Revised Code Chapter 2953 (state).

Understanding the Process

The government’s case against your property hinges on establishing a “nexus” – a link between your property and the alleged criminal activity. This isn’t always a straightforward process. Common claims involve:

Drug Trafficking: Seizure of properties used in drug distribution.
Money Laundering: Seizure of assets purchased with illicit funds.
Straw Purchasing: Seizing property purchased to conceal the identity of criminal actors.

Your Rights – Constitutional Protections

You have significant rights during an asset forfeiture case, including:

The Right to Due Process: The government must demonstrate a strong nexus to your property.
The Right to Challenge Evidence: We will meticulously scrutinize the government’s evidence.
The Right to an Independent Appraisal: We advocate for a fair market value assessment of your property.
Protection Against Seizure Without Probable Cause: The government must demonstrate a reasonable belief that your property is connected to a crime.

Preventing Government Overreach

We are committed to holding the government accountable and pushing back against excessive forfeiture claims. We examine the legal justification for seizure and will aggressively challenge any inaccuracies or weaknesses in the government’s case. A seemingly unrelated transaction can be misrepresented as evidence of criminal activity. We will protect you from this type of manipulation.

Why Choose Rucci Law?

At Rucci Law, our experienced California criminal defense attorneys understand the complexities of asset forfeiture. We provide strategic legal counsel, aggressive advocacy, and a genuine commitment to protecting your property rights. Don’t navigate this challenging legal battle alone. Contact us today for a confidential consultation.

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