LA Asset Forfeiture Lawyer

Police often seize property that they believe to be an instrument or derivative of a crime.  From cash, cars, medical marijuana, land, real estate, weapons and more, you may be entitled to a return of your property.  The phrase "Life, Liberty and the Pursuit of Happiness" that we hold so dear in the US comes from John Locke's principle that man has natural rights to "Life, Liberty and Property."  Further, our Constitution guarantees a right to due process and just compensation for any deprivation of property.  The law, nonetheless, does allow for the government to seize and retain property that is (1) contraband, (2) proceeds of a crime, or (3) used as an instrumentality of a crime.  Civil forfeiture is most common in drug cases, under California's Health & Safety Code, and organized crime pursuant to California's Penal Code. 

Our office has helped to recover cash, vehicles, computers and other property from Federal law enforcement agencies, state agencies and local law enforcement.  Even marijuana is property subject to return under appropriate conditions.  If the government has unjustly taken possession of your property, it is important that you strictly follow procedures and properly assert your right to that property so that you can get it back.

Critics of Civil Forfeiture (myself included) have long argued that civil forfeiture laws create perverse incentives for law enforcement, and carry a high potential for abuse.  Not only are civil forfeiture proceedings separate from criminal proceedings, but a property owner can be deprived of property even if not convicted of any crime.  The civil nature of the proceedings means that there are fewer protections and a lower burden of proof, leading to serious consequences, even if there is insufficient evidence to institute criminal proceedings.  Though some lawmakers have made efforts to curtail this practice, those efforts have largely failed. 

PROPERTY HELD AS EVIDENCE
If your property is simply being held as evidence, the government does not intend to permanently remove the property, but rather just keep it during the course of their investigation.  Property held as evidence can be ordered returned by the court, and sometimes the investigating detective will return the property without a court order.  Typically, the prosecuting agency will oppose such a motion while the case is pending, but the ultimate decision is up to the judge.  If the judge believes that the evidentiary value of the police agency holding on to the property is outweighed by the harm caused by deprivation, then the motion should be granted, even without the approval of the prosecuting agency.  Motions for return of property are most common to recover electronics, automobiles

TYPES OF ASSET FORFEITURE PROCEDURES
Asset forfeiture proceedings are held when the government intends to permanently keep property.  Depending on the type of property, there are different procedures:

1.  SUMMARY FORFEITURE
Schedule 1 Narcotics (cocaine, marijuana, heroin, LSD, ecstasy and peyote can be seized without process and there is generally no right to a return of this property by any means.  The exception is marijuana that is lawfully possessed under California's Medical Marijuana Laws. In the case of medical marijuana, the government can be required to return seized marijuana.

2.  ADMINISTRATIVE FORFEITURE
For personal property (not real estate) valued at less than $25,000, the government need not involve the courts in order to permanently seize property.  Administrative forfeiture requires notice to any interested parties in the property, and allow 30 days for interested parties to make a claim to the property.  A claim is made by filing Form MC-200 CLAIM OPPOSING CIVIL FORFEITURE.  If no claims are filed after 30 days the process will be forfeited without going to court.  If a claim is filed, the next step is a Judicial Forfeiture Proceeding.

3.  JUDICIAL FORFEITURE
For property valued above $25,000, or property that started off in administrative proceedings, but has been claimed, the prosecutor must file a petition for forfeiture with the court.  There is again a notice requirement and a 30 day opportunity to respond.  If there is no claim, then the prosecutor must make a motion to the court to have the property declared forfeited.  If there is a claim, then a civil trial, with a right to a jury will be held.  At trial, the prosecution must prove that (1) the property was used for OR derived from criminal activity, AND (2) all owners consented to its illegal use.

SPECIAL ISSUES WITH AUTOMOBILES
Cars and trucks that are towed and stored may incur significant towing and storage fees.  Though the impound lots and police departments are generally bigger criminals than anyone they arrest, the fees of storage, which can quickly climb into the thousands, often fall on the property owner.

FEDERAL VS. LOCAL
Depending on the type of property, the type of criminal activity suspected, the nature of the discovery of the property and the location, there may be involvement by Federal agencies (DEA, FBI, ATF, DHS, etc.), or local law enforcement agencies (LAPD, LASD, Burbank Police, etc.).  An experienced asset forfeiture attorney will know the right approach to getting you your money back, whether the case is being handled by the federal prosecutors (US Attorney's office) or the local prosecutors (Los Angeles District Attorney).  Filing in the correct court is absolutely imperative.

If you have had property taken away from you by the police during an arrest, search or raid, you may be entitled to a return of that property or compensation for the loss.  Contact a Los Angeles Criminal Lawyer now for a free consultation and to discuss how you might best protect yourself from criminal consequences as well as protecting your property interests in seized property.  Asset forfeitures in California are in the tens of millions of dollars each year.  Fight back!

For more information about California's Civil Forfeiture Laws, Review HEALTH AND SAFETY CODE
SECTION 11469-11495 and/or contact our office to discuss your specific situation.

More Asset Forfeiture Information