How Forfeiture Works in California Federal Criminal Cases

How Forfeiture Works in California Federal Criminal Cases

Forfeiture is when the government takes your property connected to a crime. It happens in both state and federal criminal cases in California. This article will explain how it works in federal cases, the different types, what property can be forfeited, and your rights.

I want to help you understand this complicated legal process. Forfeiture can be scary and unfair if you don’t know your rights. My goal is to explain it in a simple way, so you know what to expect.

What is Forfeiture?

Forfeiture is when the government takes your property because they say it’s connected to a crime. There are two main types – criminal and civil. Criminal forfeiture happens after you’re convicted as part of your sentence. Civil forfeiture happens in a separate case against your property, even if you’re never charged with a crime.

The government has to prove the property is linked to criminal activity. But the legal process is very complicated, and many innocent people lose their property unfairly. So it’s important to understand how it works and get a lawyer to protect your rights.

Types of Federal Forfeiture

There are three main types of federal forfeiture:

• Criminal forfeiture – Happens after you’re convicted as part of your criminal sentence. Limited to property involved in the crime.
• Civil judicial forfeiture – The government files a civil case against your property in court. You can challenge it.
• Administrative forfeiture – The government takes your property without filing a case. You must file a claim to get it back.

Criminal forfeiture only happens after you’re convicted. But civil and administrative forfeiture happen even if you’re never charged or acquitted. Your property is basically guilty until proven innocent.

What Property Can Be Forfeited?

Almost any property can potentially be forfeited if the government says it’s linked to a federal crime, including:

• Cash
• Cars, boats, planes
• Houses, land
• Businesses
• Jewelry, art, antiques
• Clothing, electronics
• Even animals!

The government doesn’t need a conviction or even criminal charges to try to take your property. It can be a long legal battle to get it back.

How the Government Proves Property is Linked to a Crime

To forfeit property, the government has to show it’s connected to a federal crime like drug trafficking, money laundering, fraud, etc. They can prove this two ways:

1. The property was used to commit the crime
2. The property was obtained from or traceable to the crime

For example, if they seize cash and claim it’s drug money, they have to show it came from drug sales. Seizing a car used to transport drugs would be easier to prove.

The government’s burden of proof depends on the type of forfeiture:

• Criminal forfeiture – “Preponderance of evidence” (more likely than not)
• Civil judicial forfeiture – “Preponderance of evidence”
• Administrative forfeiture – “Probable cause” (much lower standard)

So criminal and civil judicial forfeiture have a higher burden of proof than administrative. But even “preponderance” is a pretty low bar. Many innocent owners lose their property.

Your Rights in Federal Forfeiture Cases

You have certain rights in federal forfeiture cases to fight back and protect your property. Here are some key rights:

• Right to prompt notice of seizure
• Right to lawyer – Get one immediately!
• Right to challenge forfeiture in court
• Right to hearing to claim seized property
• Right to sue government for damages if rights violated

You should get notice of seizure and details on how to challenge it. But many people don’t understand the confusing legalese. So call a lawyer right away – federal forfeiture cases have short deadlines.

An experienced lawyer can help you file a claim, request a hearing, negotiate return of your property, and sue if your rights are violated. Don’t let the government bully you – know your rights and fight back!

Fighting Civil Judicial Forfeiture

In civil judicial forfeiture, the U.S. Attorney’s Office files a complaint against your property in federal court. You can challenge this by:

• Filing a claim to contest the forfeiture
• Filing an answer rebutting allegations
• Demanding a jury trial

The government then has to prove by a “preponderance of evidence” that your property is linked to a federal crime. Your lawyer can argue weaknesses in their case, challenge the credibility of their witnesses, and demand they meet their burden of proof.

If you win at trial, the court orders your property returned. But expect a long legal fight – these cases often take years. Hire a lawyer you trust to protect your rights.

Fighting Administrative Forfeiture

In administrative forfeiture, a federal agency like the FBI just seizes your property without filing a case in court. You don’t get a lawyer or trial – they can just take it!

To contest administrative forfeiture, you must file a claim within strict deadlines – usually 30-60 days. This forces them to file a civil judicial case where you can fight back in court. If you don’t file a claim, you lose your property by default.

Many people miss the deadlines because they don’t understand the complicated notice letters. So if your property is seized, call a lawyer immediately. Don’t let the government quietly take your property – make them prove it in court!

How to Get Seized Property Back

If your property is seized, here are some ways you may be able to get it back:

• Negotiate return – The U.S. Attorney may agree to return some property.
• Win at trial – Beat them in court if their case is weak.
• Innocent owner” defense – Prove you didn’t know about criminal use.
• Excessive Fines argument – If value is disproportionate to offense.
• Sue for damages – If they violate your rights.

An experienced lawyer can pursue all these options to maximize your chances. Don’t let the government intimidate you – fight back!

Why Innocent People Lose Their Property

Federal forfeiture stacks the deck against property owners. Here’s why innocent people often lose their property:

• Low burden of proof for government
• Complex legal process
• Short deadlines to contest
• Expensive lawyer fees
• Takes years, causing financial hardship

Many people can’t afford a long court battle and just give up. The government uses the fear of legal costs to pressure you into a settlement. Don’t let them bully you – fight back!

Forfeiture Disproportionately Harms Minorities

Studies show federal forfeiture disproportionately impacts low-income communities and minorities. The reasons:

• Inability to afford good lawyer
• Less understanding of rights
• More targeted by drug enforcement
• Higher plea deal rates

This is a major injustice. Forfeiture was meant to target drug kingpins, but now it’s often used against small-time offenders who can’t fight back. The system needs reform.

Forfeiture Creates Dangerous Police Incentives

Letting police and prosecutors keep forfeiture proceeds creates dangerous incentives. Critics argue it:

• Motivates over-enforcement in poor areas
• Distorts law enforcement priorities
• Incentivizes taking property of innocent people

When police budgets depend on forfeiture revenue, it skews priorities towards profit instead of public safety or justice. This erodes trust in law enforcement.

Recent Forfeiture Reform Efforts

There is growing concern over forfeiture abuse, prompting reform efforts:

• New Mexico and Nebraska abolished civil forfeiture
• 24 states now require criminal conviction
• Growing support for eliminating police incentives

But the federal government lags behind. Congress should pass reforms like the FAIR Act to level the playing field for property owners. Contact your representatives to urge support!

Conclusion

Federal forfeiture is a complex and often unfair process. Many innocent people lose their hard-earned property without even being convicted of a crime. The deck is stacked against you.

But with an experienced lawyer, you can fight back and protect your rights. Know the different types of forfeiture, your legal options, and deadlines. Don’t let the government bully you – we need reform!