Asset forfeiture is often used in drug cases to take property suspected of being used in drug crimes.
Recently, Attorney General Jeff Sessions made headlines when he announced that he intended to expand the use of asset forfeiture in federal drug cases. Asset forfeiture, which is also called civil forfeiture, is a potential penalty of being involved in a drug crime. Both state and federal law enforcement agencies use this tool to take away a person’s assets if they claim that they were involved in a crime (typically crimes involving drugs).
Unlike criminal charges, asset forfeiture is actually a civil proceeding. It is a case against your property, which means that you are not entitled to a public defender or attorney on behalf of your property. Because it is a civil case, the burden of proof on a prosecutor is far lower than in a criminal case, so that a prosecutor does not have to work as hard to prove that your property was involved in a drug crime. In many cases, your property can be forfeited even if you are not actually convicted of the drug crime. Under California law, a conviction is required for forfeiture of an asset worth less than $40,000, a vehicle or real estate. If your property is seized for forfeiture, the police then obtain the financial rewards, making civil forfeiture very lucrative for police departments.
The police can seize any number of assets through civil forfeiture. This could include cash, houses and cars. For example, the police may claim that you made drugs in your house, stored them in your garage, or that you used your car to sell or purchase drugs. There is an exception in California law for situations where the house is a family residence, or where it belongs to people who were not aware of its role in a drug crime. However, if the property being seized is not a home, then other issues may arise. For example, if you borrow a friend’s car and it is seized when you are arrested on drug charges, then the friend may not be able to recover his or her car even though he or she had no knowledge that you were selling drugs from it. A skilled drug defense lawyer in Los Angeles, CA may be able to assist you with this issue.
If you have been arrested on drug charges and your property has been seized through asset forfeiture, you should act quickly. Contact an experienced drug defense lawyer in Los Angeles, CA as soon as possible. A drug defense attorney can work to contest the forfeiture while defending you against the criminal charges in your case, protecting both your freedom and your property from unjust seizure and forfeiture.
At the Chambers Law Firm, we are experienced professionals who have helped hundreds of clients get justice. We work hand in hand with our clients to achieve the best possible outcome for their case. We offer free initial consultations, where we explain your rights and options for resolving your case. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
