If you are charged with a California drug crime, law enforcement may be able to seize your property.
If you have been charged with a crime involving drugs, you probably think that you know the possible penalties — perhaps some jail time, fines, court costs, community service and probation. But under California law, there is another type of penalty that many people are unaware of — yet can have devastating consequences.
If you are charged with a drug-related crime in California, the concept of civil forfeiture allows law enforcement to seize your assets — such as money, vehicles and real estate — if the police claim that they were somehow involved or used in your drug crime. This concept is shocking to many Americans, as they may not realize the extent of the government’s power to seize property — yet it is a very real aspect of many criminal cases involving drugs.
A civil forfeiture case is separate from your criminal case, and is brought in civil court. It is brought against your property, not you — and so you do not have a right to a lawyer to defend against the charges. Prosecutors have a much lower standard to prove that property was involved in a drug crime than they do to prove that you committed a crime involving drugs. Forfeiture may even be granted if you are not actually convicted of the drug crime.
The police may seize any type of asset that was used to facilitate a drug crime, such as cash, houses, cars, boats and other vehicles. For example, the police may claim that you cut drugs in your house, that you transported drugs in your car or boat, or that you used the money in your bank account to buy drugs. There are some exceptions in California law for when the police can seize assets where the property being taken is a family home, or if the property belongs to someone else and the other people were not aware of how it was being used — but these cases can get tricky. For example, if you use your friend’s car to transport drugs, the police may seize your friend’s car even though he had absolutely nothing to do with your drug crime. The question of whether civil forfeiture is appropriate in that case may turn on whether or not the friend knew what you were doing with his car. A California criminal defense attorney can work with you to determine if you can contest the seizure of your property or assets.
If your property has been seized in connection with a drug crime, you will need to move quickly in order to preserve your rights to your assets. The best way to do so is by hiring a skilled California criminal defense attorney to help you contest the civil forfeiture. Otherwise, the proceeding will go forward and you may have difficulty challenging the state’s ability to claim your property.
At the Chambers Law Firm, our attorneys and professions are knowledgable about the law regarding drug crimes and civil forfeiture. We will work hand in hand with you to protect your rights, freedom and assets. We offer free initial consultations, where we will explain your rights and your options for resolving your case. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule an appointment.
