In recent years, both California and Federal governments have used a wide variety of statutes to seize and ultimately confiscate personal and real property from American citizens. 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. It is therefore extremely important that you immediately contact skilled, aggressive and dedicated attorneys such as Jacek W. Lentz and his law firm.
Perhaps the most important thing to know is that you must respond immediately to any notice that the government intends to go ahead with forfeiture proceedings to permanently confiscate your assets and property. In most situations, the time window for responding and informing the government that you intend to fight the forfeiture in the court of law is very short, usually not more than 30 days. If you do not file a claim in time, likely you will not be able to get your property back. Courts and judges often take the position that, when it comes to getting your seized property back, if you snooze you lose.
But you have rights too. Specifically, you have the right to protect your property against aggressive prosecutors and law enforcement agencies who often benefit directly from the seized funds, cars and real estate, and who usually devote significant effort and resources to fight you.
Forfeitures are civil proceedings where frequently the government does not have to prove a crime beyond reasonable doubt but needs only to satisfy a much lower evidentiary standard to show that the assets were the instruments or proceeds of crime. There is virtually no limit on the kinds of property the government can seize. Common items include homes, land, cash, bank accounts, vehicles, 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.
Federal forfeiture laws consist of dozens of forfeiture categories relating to specific crimes such as drug trafficking and other controlled substances crimes, marijuana cultivation, tax evasion, money laundering, forgery and pornography. In California, there are several statutes that enable the government to take your property such as The California Control of Profits of Organized Crime (California Penal Code §186) or California Health and Safety Code §11470(e), which allows forfeiture of controlled substances as well as any money, equipment or vehicles connected to the illegal activity.
Depending upon the specific facts of your case, your defense might consist of the so-called third-party "innocent owner" defense, where the owner 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.
Your lawyer might also be able to successfully argue that the value of the forfeited property is disproportionate to the crime. 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. Always - your first step should be to immediately hire the right lawyers who will identify the right strategies and solutions to your case. Our law firm stands ready to fight for you in California and throughout the United States.
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