California Asset Forfeiture Law Attorneys
Asset Forfeiture Law in California
Asset forfeiture is one of the most drastic things the government can do. Under California asset forfeiture law, the state can take away your property if you have been convicted of a crime and they can prove in court that:
- The property was used in commission of a crime; or
- The property was obtained as the result of this criminal activity
Asset seizure can cause serious financial hardship, and it takes an experienced California criminal defense attorney to protect your rights.
Activities That Can Lead to Asset Forfeiture
People who are convicted of drug-related offenses and organized crime are most likely to be subject to asset forfeiture, but it can be used in any type of criminal proceeding, such as theft or fraud.
California law enforcement agents can seize a person’s property after you have been convicted of a crime if they can convince a court that the property was used in that crime, or if it was acquired with the proceeds from illegal activity. The government may seize your property by taking physical possession of it, putting banks on notice to hold your accounts, or by recording forfeiture notices against a piece of real estate you own.
The Types of Property That Are Subject to Foreclosure
Under California asset seizure law, the government has the right to take away your property even if it isn’t contraband, such as illegal drugs or weapons. For example, they may try to prove that the asset was exchanged for an illegal drugs or given to a person as a form of payment for committing a crime.
The government can even take away a person’s home if they can convince a court that it was the site of criminal activity, such as manufacturing or distributing drugs. They can take away a person’s automobile if it was used in the commission of a crime, such as transporting drugs. The types of assets that have been seized under California forfeiture laws include:
- Homes
- Vehicles
- Cash
- Boats
- Real estate
- Stocks, securities, and other financial assets
- Computers
- Tools
- Machinery
Your Rights Under Asset Forfeiture Law
If your assets have been seized, you only have 30 days to file a petition with the court. In these cases, your criminal defense attorney will check the government’s legal notice to make sure they only took the assets that were mandated by a court order.
The government has to prove beyond a reasonable doubt the property they seized is subject to forfeiture. An experienced California criminal defense attorney will force them to provide extensive evidence to demonstrate their case while offering plausible evidence to disprove their arguments.
We’re on Your Side
If you are facing asset forfeiture, there’s no time to lose. Contact our outstanding Asset Forfeiture defense team at Werksman Jackson & Quinn LLP today. Call (213) 688-0460 to schedule a FREE consultation. We’re here to fight for your rights.
Contact Werksman Jackson & Quinn LLP Today
Phone: (213) 688-0460 
Fax: (213) 624-1942
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges. - Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees. - Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.
