What is the asset forfeiture law in California?

Under California laws, the state has the authority to not only seize property in connection with a criminal investigation but also to transfer ownership of those assets to the government for the purpose of punishing and deterring unlawful activities. Many asset forfeiture situations arise out of investigations or charges pertaining to the activities of organized crime enterprises. Property of various kinds can be forfeited in connection with drug charges and related investigations. Drugs, the ingredients and equipment used to manufacture and process drugs, and proceeds from unlawful distribution are all subject to forfeiture under The government’s broad authority to seize property extends to assets of various kinds in connection with various offenses, ranging from counterfeiting and fraud to child pornography violations. In addition to the state government’s authority with regards to asset forfeiture, the federal government has authority to seize and forfeit property connected with alleged criminal activities in federal cases.

What types of assets can be subject to forfeiture under California law?

Depending on the circumstances, assets that fit into the following categories may be subject to forfeiture: Contraband: Facilitators: Proceeds: Exchanges: Numerous types of property can be subject to forfeiture in connection with criminal investigations or charges, including: Cash Financial accounts Real estate property Drugs and controlled substances Weapons Pornographic or obscene materials Cars, boats, planes, and other vehicles Equipment and facilities used in manufacturing drugs or committing criminal violations Machines used to create counterfeit trademarks or print counterfeit bills Computer equipment, phones, and other electronics Raw materials used to unlawfully manufacture drugs or commit other offenses Animals in matters involving animal abuse Despite the broad authority of the government to seize assets and take ownership of them through forfeiture, there are specific procedures in place that must be followed, as well as crucial limitations. For example, although real estate is subject to asset forfeiture in matters involving organized crime or drug manufacturing, your home generally cannot be seized, and neither can real estate property owned by two or more parties if at least one owner was not aware of the illegal activity.

What does law enforcement or the prosecution have to prove to seize or forfeit your property?

Generally, law enforcement in California has the authority to seize property that was either used to commit a crime or acquired through unlawful activities. Depending on the specific facts of your situation, law enforcement or prosecutors may have to meet a comparatively high burden of proof for property to be forfeited, or they may be able to do this without following any legal procedure of any kind. Federal law enforcement may be able to seize your property purely on the basis of probable cause, while law enforcement at the state level must meet the higher standard of establishing by a preponderance of the evidence that the property was either used in a crime or obtained through criminal activity. Both of these standards of proof are lower than the standard required to achieve a criminal conviction, which is proving guilt beyond a reasonable doubt. The government can forfeit Schedule I drugs without undertaking any formal legal procedures under summary forfeiture. In other cases, you might be subject to administrative forfeiture, under which you must challenge the government’s seizure of your personal property to avoid forfeiture. If challenged, judicial procedures that include a civil trial may be implemented. Under state law, a criminal conviction is often (although not always) a requirement for asset forfeiture. In these situations, an effective defense that allows you to avoid a conviction—for example, by getting the charges dismissed or achieving a not-guilty trial verdict—can also allow you to get your property returned. However, failing to appear in court, if the government can establish a relationship between the seized property and the crime, may allow for the forfeiture of your property even without a conviction. Additionally, assets above a certain amount can be forfeited even if you are not convicted of a crime if the government is able to prove, in accordance with standards established by state law, that the property either was obtained through or was intended to be used in the sale or purchase of illegal drugs. Your attorney can determine, based on the nature of the violations involved in the investigation or charges and the amount and type of assets seized, what the government must prove to be able to keep or profit from your property instead of restoring it to you.

How do you fight asset forfeiture?

Asset forfeiture law is a complicated area of practice that may involve different levels of government (federal or state) and occur through different means (civil forfeiture, criminal forfeiture, summary forfeiture, administrative forfeiture, and judicial procedures. Different processes, requirements, and deadlines apply depending on the specific type of asset forfeiture you’re facing. To help you sort out this complicated situation, you need professional legal counsel prepared to fight for your rights and your property. We can determine what specific procedures must be followed in your situation, take proactive steps to uphold your rights, and fight back against procedural errors, government overreach, and unfair seizures. You may need to formally challenge the seizure of your property, fight to recover your assets in court through a civil trial, or take other actions to keep your property or have it restored. With the comprehensive knowledge of an experienced attorney, you won’t have to worry about mishandling procedures or missing critical deadlines in your efforts to recover your property. We will handle everything, working tirelessly to challenge unfair forfeiture and improper procedures with the aim of returning your property to you.

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Asset Forfeiture Defense Attorney in Los Angeles, CA Specializing in Protecting Rights in Criminal Defense Cases in Los Angeles County, Orange County, Ventura County, and Throughout Southern California

When law enforcement officers seize your property—ranging from cash and personal electronics to contraband, vehicles, and even real estate—you may not get these assets back. Laws at both the state and federal levels grant the government authority for asset forfeiture, which often benefits prosecutors and law enforcement officers at the expense of the accused. To protect your property from unfair government interference, you need a Los Angeles asset forfeiture lawyer who can dissect the complex laws and procedures involved in your unique situation.

At The Law Offices of Christopher Chaney, we stand up for our clients’ legal rights, their freedom, and their property. We recognize that procedural mistakes, government overreach, false accusations, and any number of other factors can result in facing asset forfeiture unfairly. It’s our goal to not only provide effective defense services against criminal charges but also represent our clients in actions to get their property restored and avoid unlawful forfeiture of personal property, financial assets, and real estate assets that they and their families depend on.

Figuring out the next steps after asset seizure can be complicated, which is why you shouldn’t take these actions alone. Our firm provides free, confidential initial consultations so you can discuss your situation with a knowledgeable asset forfeiture defense attorney in Los Angeles, CA, and get your questions answered at no cost. Contact us today to start taking back control of your future and your property.

Asset Forfeiture in Los Angeles, CA

The definition of asset forfeiture, as established by the California Legislative Analyst's Office, is the seizure of property suspected of having connections to criminal activities and the subsequent transfer of ownership of these assets to the government as a means of punishing and deterring unlawful activities.

While law enforcement is often permitted to seize property of various kinds in connection with a criminal investigation, that does not necessarily mean that it won’t be returned to its rightful owner. However, in matters of asset forfeiture, the government obtains ownership of this property and, generally, profits from it by using the proceeds to support law enforcement activities.

The government has broad authority to seize property in connection with criminal investigations, but under California’s asset forfeiture laws, due process must be followed. Depending on the circumstances, matters involving asset forfeiture may involve administrative or judicial proceedings, criminal convictions, or civil lawsuits.

In California, you could face asset forfeiture in connection with offenses such as:

Drug possession, manufacture, or distribution
Organized crime activities, including extortion and embezzlement
Fraud offenses, such as committing computer fraud or making counterfeit products or bills
Unlawful possession of weapons
Violent crimes involving weapons
Animal abuse
Child pornography violations
Knowingly receiving stolen property

Cash, vehicles, real estate, electronics, and other types of personal property are among the many different types of assets that could be subject to forfeiture.

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The Advantages of Hiring an Experienced Asset Forfeiture Defense Attorney in Los Angeles, CA, to Fight for You

A Los Angeles asset forfeiture lawyer provides the means, resources, and knowledge you need to keep what’s rightfully yours and fight back against unfair forfeiture. With an attorney at The Law Offices of Christopher Chaney on your side, you’re equipped to challenge asset forfeiture as effectively as possible in all types of situations, including:

Unfair summary forfeiture
Administrative forfeiture matters
Judicial procedures involving civil trials
Procedural errors, including failures of the prosecutor or law enforcement personnel to file required petitions or give notice as required by law
Criminal cases, in which whether a conviction is obtained may determine whether seized assets are subject to forfeiture
Civil asset forfeiture
Seizure and forfeiture of high-value assets and real estate
Asset seizure and forfeiture that exclusively involves state-level authorities
Asset forfeiture in federal joint investigations

In retaining skilled legal counsel, you gain in-depth legal knowledge of asset forfeiture law and the resources required to challenge procedural errors and unfair seizures.

How The Law Offices of Christopher Chaney Can Help

Our firm provides comprehensive legal guidance for people facing criminal charges, asset forfeiture, and other legal issues throughout Southern California. We’re ready to assist you by:

Evaluating the full facts of your situation, including any charges against you and the specifics of asset seizure and potential forfeiture
Using our in-depth knowledge of asset forfeiture law to determine whether proper procedures were followed and identify actions you can take to challenge forfeiture
Assisting you in all legal actions and representing you in all proceedings, including administrative forfeiture challenges, judicial proceedings in civil court, and criminal proceedings
Advocating for the full range of your legal rights and your best interests to minimize the impact of this legal issue, including asset forfeiture, on your life

You need legal guidance that prioritizes the restoration of your assets alongside any criminal charges or other issues you’re facing. We’re here to provide the support you need to achieve the most favorable resolution possible, including reclaiming property that is rightfully yours.

Why Choose The Law Offices of Christopher Chaney as Your Los Angeles Asset Forfeiture Lawyer?

For a Los Angeles asset forfeiture lawyer prepared to provide proactive legal intervention, strategic defense planning, and comprehensive knowledge of the law, you can count on The Law Offices of Christopher Chaney.

Proactive, Aggressive Defense to Put Our Clients on the Path to a Favorable Outcome

Our firm recognizes the value of early legal intervention. In instances in which you learn you’re under investigation for fraud, drug trafficking, organized crime activities, or any other offense that could result in asset forfeiture, we’re prepared to begin fighting for you before charges are formally filed.

We have achieved proven results through this proactive approach, and we’re ready to put our unwavering advocacy to work pursuing a resolution that benefits you as much as possible.

Strategic Defense Planning That Reflects Your Circumstances and Priorities

At The Law Offices of Christopher Chaney, we recognize that every criminal matter involves unique facts as well as individual priorities. In instances that involve potential asset forfeiture, in particular, you may worry about what forfeiture of monetary assets, real estate, vehicles, and other property could mean for your family.

Our attorneys consider the facts specific to your situation as well as your priorities as we develop personalized defense strategies. We can help you ensure proper procedures are followed, protect your property, and develop a defense strategy that keeps retaining your assets at the forefront.

Extensive Knowledge of California and Federal Law

When defending against a criminal charge that could result in asset forfeiture, it’s critical to choose legal counsel who understands the nuances of both state and federal law. You need an attorney who can provide comprehensive guidance, answering all of your legal questions while providing the representation you need.

The team at The Law Offices of Christopher Chaney has in-depth knowledge of both state and federal law pertaining to asset forfeiture specifically and the criminal violations under which the government can seize property.

Contact a Los Angeles Asset Forfeiture Lawyer at The Law Offices of Christopher Chaney Today for a Free Consultation

It’s possible to prevent unfair or unlawful forfeiture of your assets and to minimize the other consequences of serious criminal charges, including prison sentences and fines. To achieve the most favorable resolution possible, you need the professional level of skill of an attorney committed to your defense. Our firm provides free, confidential consultations to ensure that anyone accused of a serious crime in Southern California has the opportunity to understand their rights and explore how a defense attorney can assist them. We will evaluate the full facts of your situation and provide the professional insights and legal support you need to understand your options.

For help from an asset forfeiture defense attorney in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call 818-330-5198 today.

Frequently Asked Questions About Asset Forfeiture in Criminal Cases in California

Under California laws, the state has the authority to not only seize property in connection with a criminal investigation but also to transfer ownership of those assets to the government for the purpose of punishing and deterring unlawful activities.
Many asset forfeiture situations arise out of investigations or charges pertaining to the activities of organized crime enterprises. Section 186.1 of the California Penal Code establishes the state’s authority with regard to asset forfeiture in instances in which profits or property have been acquired through organized crime activities under the California Control of Profits of Organized Crime Act.
Property of various kinds can be forfeited in connection with drug charges and related investigations. Drugs, the ingredients and equipment used to manufacture and process drugs, and proceeds from unlawful distribution are all subject to forfeiture under Section 11470 of the California Code’s Health and Safety Code.
The government’s broad authority to seize property extends to assets of various kinds in connection with various offenses, ranging from counterfeiting and fraud to child pornography violations. In addition to the state government’s authority with regards to asset forfeiture, the federal government has authority to seize and forfeit property connected with alleged criminal activities in federal cases.
Depending on the circumstances, assets that fit into the following categories may be subject to forfeiture:
Contraband: Prohibited items involved in a criminal violation, such as drugs, weapons, or obscene materials
Facilitators: Items used to further criminal activities, such as getaway cars and vehicles used to transport contraband
Proceeds: The money or other property, including real estate, obtained through illegal activities
Exchanges: Property intended to be traded for contraband, including but not limited to cash
Numerous types of property can be subject to forfeiture in connection with criminal investigations or charges, including:
Cash
Financial accounts
Real estate property
Drugs and controlled substances
Weapons
Pornographic or obscene materials
Cars, boats, planes, and other vehicles
Equipment and facilities used in manufacturing drugs or committing criminal violations
Machines used to create counterfeit trademarks or print counterfeit bills
Computer equipment, phones, and other electronics
Raw materials used to unlawfully manufacture drugs or commit other offenses
Animals in matters involving animal abuse
Despite the broad authority of the government to seize assets and take ownership of them through forfeiture, there are specific procedures in place that must be followed, as well as crucial limitations. For example, although real estate is subject to asset forfeiture in matters involving organized crime or drug manufacturing, your home generally cannot be seized, and neither can real estate property owned by two or more parties if at least one owner was not aware of the illegal activity.
Generally, law enforcement in California has the authority to seize property that was either used to commit a crime or acquired through unlawful activities.
Depending on the specific facts of your situation, law enforcement or prosecutors may have to meet a comparatively high burden of proof for property to be forfeited, or they may be able to do this without following any legal procedure of any kind.
Federal law enforcement may be able to seize your property purely on the basis of probable cause, while law enforcement at the state level must meet the higher standard of establishing by a preponderance of the evidence that the property was either used in a crime or obtained through criminal activity. Both of these standards of proof are lower than the standard required to achieve a criminal conviction, which is proving guilt beyond a reasonable doubt.
The government can forfeit Schedule I drugs without undertaking any formal legal procedures under summary forfeiture. In other cases, you might be subject to administrative forfeiture, under which you must challenge the government’s seizure of your personal property to avoid forfeiture. If challenged, judicial procedures that include a civil trial may be implemented.
Under state law, a criminal conviction is often (although not always) a requirement for asset forfeiture. In these situations, an effective defense that allows you to avoid a conviction—for example, by getting the charges dismissed or achieving a not-guilty trial verdict—can also allow you to get your property returned. However, failing to appear in court, if the government can establish a relationship between the seized property and the crime, may allow for the forfeiture of your property even without a conviction.
Additionally, assets above a certain amount can be forfeited even if you are not convicted of a crime if the government is able to prove, in accordance with standards established by state law, that the property either was obtained through or was intended to be used in the sale or purchase of illegal drugs.
Your attorney can determine, based on the nature of the violations involved in the investigation or charges and the amount and type of assets seized, what the government must prove to be able to keep or profit from your property instead of restoring it to you.
Asset forfeiture law is a complicated area of practice that may involve different levels of government (federal or state) and occur through different means (civil forfeiture, criminal forfeiture, summary forfeiture, administrative forfeiture, and judicial procedures. Different processes, requirements, and deadlines apply depending on the specific type of asset forfeiture you’re facing.
To help you sort out this complicated situation, you need professional legal counsel prepared to fight for your rights and your property. We can determine what specific procedures must be followed in your situation, take proactive steps to uphold your rights, and fight back against procedural errors, government overreach, and unfair seizures. You may need to formally challenge the seizure of your property, fight to recover your assets in court through a civil trial, or take other actions to keep your property or have it restored.
With the comprehensive knowledge of an experienced attorney, you won’t have to worry about mishandling procedures or missing critical deadlines in your efforts to recover your property. We will handle everything, working tirelessly to challenge unfair forfeiture and improper procedures with the aim of returning your property to you.

Schedule Your Consultation

Regardless of your circumstance, you are not alone in your fight. We are ready to stand by your side and fight for your rights, freedom, and reputation. Contact us today to schedule a free remote or in-person consultation, and let us assist you in finding a solution to your problem.

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