Asset Forfeiture

San Diego Asset Forfeiture Lawyer

The state and federal governments often use civil asset forfeiture laws as a way to seize cash and property in drug cases. At my law office in San Diego, I offer a free initial consultation to explain how property seizure works and whether you can protect your property.

Any assets used in a criminal activity are subject to forfeiture. For example, a car used to transport illegal immigrants can be seized by border agents. Major drug cases almost always involve asset forfeiture simply because large sums of money are involved.

Consequences in Forfeiture Cases

You stand to lose your money and your property in a forfeiture case, even if you are not convicted of a crime. The government simply has to prove that the money is derived from an illegal activity such as drug trafficking.

For example, if police pull you over and find $141,000 in your car, prosecutors can file a complaint to seize the money (also known as a notice of seizure). You can lose the money even if there are no drugs in your car and you are not charged with any drug crime. Asset forfeiture is a civil case, meaning the prosecutors only need a preponderance of evidence to seize your money or asset.

Defenses in Forfeiture Cases

There are defenses in asset forfeiture cases:

• You could say that the asset or money is derived from illegal gambling, and, as a result, isn't subject to forfeiture.
• If a home is a seized, your spouse is entitled to half of the asset as community property unless prosecutors can prove that your spouse knew what you were doing.

Most asset forfeiture cases settle, but I have taken these cases to court in the past.

Free Criminal Defense Attorney Consultation

Call me, criminal defense lawyer Michael Littman, at 619-618-2913 (866-767-1476 toll-free) or fill out our simple contact form to discuss your asset forfeiture case. Jail visits available.