The state or federal government can seize your property if they believe the property was involved with, or obtained by proceeds of illegal activity such as drug dealing or money laundering. The most common misconception is that confiscation and forfeiture of property affects only those accused of crimes. This is not the case as people who have not been even arrested, let alone criminally charged, have been forced to forfeit their possessions to state and federal agents, including considerable amounts of money, land and vehicles. Forfeiture laws often make it legal for the government to seize property from people who are innocent as long as there is a connection between the confiscated property and commission or profits from a crime.

Asset forfeiture can be a separate proceeding or part of the criminal case against you, depending on the specific charge and circumstances. In civil forfeiture cases, the government sues the item of property, not the person; the owner is effectively a third party claimant. That means that the owner is not a party to the legal action. The government must establish probable cause that the property is subject to forfeiture, and the owner must prove on a "preponderance of the evidence" that it is not. The owner need not be judged guilty or even accused of a crime.

Time is of the Essence

In forfeiture proceedings, time is of the essence. It is crucial to respond immediately to the Government's notice. Whether you are facing civil or criminal asset forfeiture proceedings, retaining a civil asset forfeiture lawyer soon after receiving notice is crucial for several reasons. First and foremost, failing to respond to the notice in a timely matter may result in a default, meaning that the seized property is lost forever to the government. Second, a timely response must be completed properly, or again the seized property may result in default. Moreover, in addition to the time constraints, many crucial decisions must be made within 30 days of the notice and it is very important that the response is timely, thorough and precise.

Property Subject to Forfeiture

Types of property subject to forfeiture include:

• Illegal contraband: This includes property such as smuggled goods, illegal drugs and illegal weapons.
• Proceeds from illegal activity: Money and property that can be traced back to illegal activity such as money laundering, gambling rings, prostitution and extortion may be seized.
• Property used in the commission of a crime: A car, a house and computer are examples of property that can be used in committing a crime and are subject to forfeiture.

However, there is virtually no limit on the kinds of property the government can seize. Common items include homes, land, cash, bank accounts, vehicles, planes, antiques, jewelry, boats, computers, servers or software, not to mention things which in themselves are illicit or are used in the manufacture or distribution of contraband.

Asset Forfeiture Defenses

Depending upon the specific facts of each case, there are certain defenses to the government’s seizure of assets. A common defense what is known as the third-party “innocent owner” defense. This defense arises when the owner of the seized assets was not aware that the property was illegally obtained or where the owner of rented property did not know that a tenant was using the property for an illegal purpose.

In California, forfeiture of a vehicle can be prevented if there is a co-owner, such as an innocent spouse, and the vehicle is used for defendant's immediate family needs. Similarly, a family residence co-owned by an innocent person or spouse without knowledge of any unlawful use can be protected even when one of the owners was convicted for using the property to manufacture, distribute or possess controlled substances for sale.

In addition, the value of the forfeited property may be disproportionate to the crime or the property may have been seized without probable cause. In addition, your defense might be based on a proof that your property was purchased with legitimate funds, which often requires the hiring of expert forensic accountants.

There are additional defenses that may apply to your specific case. For this reason, it is critical that you contact an experienced asset forfeiture defense attorney immediately if your property has been seized by federal or state authorities.

Los Angeles Asset Forfeiture Defense Attorneys

The complexity of asset forfeiture law, along with what can be a confusing maze of procedural requirements, should be handled in a careful and professional manner. Often, people fighting to get their property back are understandably stressed and upset. Professional, competent representation in this arena is something we can offer at The Chahine Law Firm to help you get through a very complicated area of California and Federal law. If your assets have been seized by a governmental agency, contact The Chahine Law Firm today for a free case consultation.