Asset Forfeiture Attorney in Oakland CA
What Is Asset Forfeiture?
Forfeiture of assets occurs when the government, state, or another government entity confiscates money and property that are a result of the proceeds of a crime or property that has been used or involved in committing a crime. Depending on the circumstances, this can be done without the owner’s knowledge or consent and without a warrant.
It is a measure used by the United States government to deter crime, punish criminals, and generate funds for law enforcement operations.
The asset forfeiture process starts with the seizure of any assets related to the crime in question. An administrative or judicial process will then take place to determine if there is enough evidence to permanently seize the assets. Seized assets will be returned to the rightful owners if there is not enough evidence to justify their seizure.
The seized property may include cars, homes, and money. The government typically auctions these items and keeps the proceeds of their sale, but they are sometimes required to share these proceeds with other law enforcement agencies.
An experienced asset forfeiture attorney can help you get back your assets if they are taken away by the government. They can also help you fight any civil proceedings that may be filed against you.
What Is the Process for Forfeiting Assets?
The government or state must file a lawsuit against the owner to forfeit property. They must prove the following before acquiring the property:
- There was a direct connection between the property and criminal activity
- There is overwhelming evidence of the alleged crime.
Generally, California follows three steps in the forfeiture of assets. In order to take control of a property, agents must:
- Notify banks or brokers to hold accounts,
- Physically take possession of property like vehicles, jewelry, weapons, or money
- Place forfeiture notices against real property in order to prevent its mortgage or transfer.
A property that government agents take over can no longer be sold, used, or otherwise benefited from by the owner.
A forfeiture attorney might be able to provide advocacy so you can retain possession. They could also help with recovering assets like bank accounts and other property.
What Are Possible Outcomes of Asset Forfeiture?
The issue of asset forfeiture is one that many people are not aware of. This is because it’s typically something that happens to people who are not well-known in the public eye.
There are two possible outcomes when someone’s assets are forfeited: they can be given back to innocent property owners or sold for public use.
There are many reasons why an asset may be forfeited, and these reasons vary from state to state. Some states, like California, allow for forfeiture if the person is convicted of a crime, while others allow forfeiture if the person was charged with committing a crime but not convicted because they were found innocent or were acquitted by a judge or jury.
Criminal Asset Forfeiture
Criminal property forfeiture is common in drug cases in California. In fact, California asset forfeiture laws allow the government to permanently seize property connected to drug crimes, making it nearly impossible to recover.
On the other hand, the federal government has had a limited ability to seize property for certain crimes. There are three types of asset forfeiture under federal forfeiture statutes: administrative forfeiture, criminal and civil forfeiture. Every type involves a different scenario for federal agencies to seize a person’s property without judicial involvement.
However, the government has expanded its ability to seize property in parallel with criminal prosecution, especially when it comes to federal drug crimes.
Since asset forfeiture is designed to deprive criminals of the proceeds of their criminal activity, if you have received an asset forfeiture notice, you have to act quickly. Bear in mind that you have a limited time to respond and potentially bring an asset recovery suit.
Failure to do so can hurt your possibility of defending your rights and eventually getting back your property. Also, don’t forget that hiring an experienced asset forfeiture attorney can be beneficial to your case.
How Can an Attorney Help With Your Asset Forfeiture Case?
An attorney can help with asset forfeiture cases in a variety of ways. They can advise you on the best course of action to take and represent you in court.
There are many different types of attorneys who specialize in different areas of law. You must find an attorney who practices criminal law if your case is criminal. If your case is a civil matter, then you will need to find one with experience in civil asset forfeiture law.
Contact the Law Office of Rebecca Feigelson for a free consultation.
Contact a Lawyer for Your Asset Forfeiture Case
Many people who have been charged with a crime have assets that the government can seize. This is called criminal asset forfeiture. If you are facing charges of this nature, you should contact a Criminal Lawyer in Oakland to help with your asset forfeiture case.
Reach out to the Law Office of Rebecca Feigelson for your criminal and civil asset forfeiture cases.
Don’t let your assets be seized!
Have Rebecca on your side.
Asset Forfeiture FAQS
When law enforcement agents begin to confiscate your property, you have questions. Whether it involves civil asset forfeiture or criminal asset forfeiture cases, the following answers address some of the most frequently asked asset forfeiture questions.
What Is the Purpose of an Asset Forfeiture?
Asset forfeiture is the act of confiscating personal property, money, or other items from a person who has been arrested or accused of a crime. The property can be seized either before conviction or after a criminal trial. This is done in an effort to deter individuals from engaging in criminal behavior by removing the incentive for them to do so.
What Is an Example of Forfeiture?
Asset forfeiture is the process by which assets are seized by law enforcement and transferred to the government. This can happen when a person is convicted of a crime, but it also occurs in other circumstances.
If an individual is caught with illegal drugs, for example, they may be charged with possession and slapped with a fine. But if they cannot afford to pay the fine or have no means of making restitution to society, then their vehicle may be seized as an asset.
Plus, in a civil asset forfeiture, also referred to as civil forfeiture, actions could consist of taking personal property to cover the cost of court-ordered damages in a personal injury case. A civil asset forfeiture attorney may be able to help retain possession of your assets.
What Are the Two Types of Asset Forfeiture?
There are two types of asset forfeiture with civil and criminal. Civil asset forfeiture is when the government seizes a person’s property without a court order or criminal conviction. Criminal forfeiture is when property is seized as part of a criminal case against the owner, not just in relation to the crime.