If you or a loved one faces criminal charges, the risk of losing property can add extra stress. In California, authorities can take money, vehicles, real estate and other property tied to criminal activity.
Knowing your rights and the rules of forfeiture can help you protect your assets while you handle the legal process.
How asset forfeiture works in California
Asset forfeiture in California can occur in two main ways: criminal and civil. Criminal forfeiture happens as part of a criminal conviction. The court can order you to forfeit property if you used it in a crime or obtained it through criminal activity.
Civil forfeiture, on the other hand, does not require a conviction. The government can initiate a case directly against the property itself, claiming someone used it in illegal activity.
Types of seizable properties
You might be surprised at the kinds of property the state can seize. Understanding what authorities can target helps you assess your risk and plan your defense. Common types include:
- Cash or money in bank accounts believed to come from illegal activity
- Vehicles used to commit or transport crime-related items
- Real estate purchased with funds obtained illegally
- Business assets connected to criminal operations
- Personal items, such as jewelry or electronics, used in criminal activity
Even items not directly involved in a crime can be subject to forfeiture if authorities believe you acquired them using drug money or proceeds from any illegal activity. This makes it crucial to work with an attorney who understands both criminal law and property rights.
Protecting your property and rights
When you face forfeiture, remember that you have options. You can challenge the seizure, negotiate a settlement or show that you obtained your property legally and that it has no connection to criminal activity.
Acting quickly and getting advice from an experienced attorney can make a big difference in keeping your assets.
