Understanding Civil Forfeiture in California
Asset forfeiture is among the government’s most powerful legal tools. With this right, the government can seize your personal property without compensation if it presumes that the property was used in the commission of a criminal offense or purchased with the profits of criminal activity.
To get the property, the government has to prove that the property is connected to criminal activity according to the preponderance of the evidence, which is a lower standard of proof than the “beyond a reasonable doubt” standard of proof used in criminal cases.
Despite its criminal nature, however, the forfeiture process is not always a criminal proceeding. This can further complicate things when you’re trying to get your seized property back.
Civil Asset Forfeiture in California
Technically, asset forfeiture is a proceeding against the property involved in the crime rather than a person. Because of this, it does not matter if the owner of the property has been convicted of a crime as long as the property itself was used in the commission of a crime.
Since asset forfeiture is generally a civil procedure, you have fewer rights and securities under the law. Most notable is the right to an attorney.
Since civil forfeiture cases do not allow the right to a court-appointed attorney, it’s all too easy for the government to take advantage of those who don’t know their rights or the nuances of the legal system. The process to regain possession of your property can be complex and lengthy, and hiring an asset forfeiture attorney can greatly improve your chances of getting your assets back.
