Asset Forfeiture Lawyers Los Angeles California

Asset forfeiture occurs when the government takes someone’s private property, without compensation to them, because it suspects that the property was used in the commission of a crime or was obtained through criminal activity. California’s asset forfeiture laws allow police and prosecutors to seize most types of property, including land, homes, boats, cars, money, etc.
Legally, a forfeiture proceeding is a lawsuit by the government against the property, not against a particular person. What this means in practice is that no matter if the property owner is found guilty or has committed a crime, they can still lose their property in a forfeiture.
In California, most asset forfeitures are carried out in connection with drug crimes, under the California Uniform Controlled Substances Act, Health & Safety Code section 11000 and following. 

Another important route for asset forfeiture in California is through California’s control of beneficial interest under the Racketeer Influenced and Corrupt Organizations Act, Penal Code 186.1 PC and following. 

In some ways, asset forfeiture is simply viewed as another form of criminal punishment, like a prison sentence or a fine. But in fact it is very different. 

For starters, you can lose your property to forfeiture even if you are innocent or have not even been charged with a crime! 

Also, in most forfeiture cases it is technically not a criminal penalty. Instead, the law treats it as a civil sanction. What this means in practice is that you have fewer rights and protections in a forfeiture proceeding than you do in a criminal case. For example, you do not have the right to a public defender if your property was taken and you cannot afford an attorney on your own. 

Asset forfeiture in California is surprisingly common. In 2010, California law enforcement initiated 3,344 asset forfeiture proceedings. The value of all the assets involved summed to more than twenty-four million dollars ($24,000,000).