Asset forfeiture

In California, anyone charged with marijuana related offense may face forfeiture proceedings. Asset forfeiture involves the government taking property – almost any kind of property – that was illegally used or obtained without compensating the owner for its value. An individual need not be convicted for or even charged with a crime before his or her property may be seized and forfeited, so long as the government provides a reasonable connection between the property and the marijuana. Because the laws that regulate asset forfeiture are numerous, technical and complex, it is vital that anyone who has been accused of a marijuana related offense immediately contacts a skilled California criminal defense lawyer who specializes in defending marijuana cases and, as a result, knows how to successfully protect his or her client’s property.

Asset forfeiture proceedings may be non-judicial in nature. These types of proceedings are also known as “summary forfeitures” or “administrative forfeitures”. Non-judicial “summary forfeitures” take place when the property is “per se” illegal – that is, that the property is, on its face, illegal – and includes dangerous, toxic or hazardous raw materials or products and their containers. “Administrative forfeitures” (governed by federal law) typically take place when the property is forfeited to the government by the investigative agency that seized it. This type of procedure applies to property that is worth $500,000 or less, to property that is illegally imported, to vehicles that are used to import, export, transport or store marijuana or to any “monetary instrument” (that is, domestic or foreign money, traveler’s checks, stocks, checks, bank notes and money orders). When such is the case, the government is only required to give the owner notice that the property may be forfeited and judicial proceedings are not required.

Civil judicial forfeiture proceedings take place when the property exceeds $500,000, is forfeitable pursuant to federal law, is not a transporting vehicle or an item that has been illegally imported and is not a monetary instrument. These proceedings also apply when the property is forfeitable pursuant to IRS procedures that exceed $100,000 in value, to all real property (that is, homes, buildings, etc.) regardless of its value and to all property that is forfeitable according to California law.

Criminal forfeiture proceedings may target property that is located outside the United States and includes property that has been involved in a federal criminal offense of which the accused was convicted and only to property in which the accused has a personal interest.

RICO (Racketeer Influenced and Corrupt Organizations) laws fall under criminal forfeiture proceedings and apply when the accused has violated or conspired to violate a RICO statute. The violations include using funds derived from a pattern of racketeering activity to acquire or maintain an interest in an enterprise that deals in interstate commerce, acquiring or maintaining interest in an enterprise through a pattern of racketeering activity and/or using an enterprise to purse a pattern of racketeering activity.

Either an affected individual or the government may file for an appellate review of forfeiture proceedings if he, she or it was the losing party. The laws that typically govern these types of proceedings are those that govern civil appeals. A civil forfeiture case must be appealed within 60 days of the judgment and a criminal forfeiture case must be appealed within 30 days of that same date.

Asset forfeiture is clearly an area of the law where special knowledge is required. When accused of a marijuana related offense, it is imperative for that individual to immediately contact the exceptional criminal attorneys at The Kavinoky Law Firm who have mastered this field of law as it relates to marijuana and other drug offenses. Their experience and in-depth knowledge with respect to forfeiture proceedings gives their clients a tremendous advantage when it comes to defeating the government’s attempts at seizing one’s property. To learn more about how these outstanding attorneys can help, contact The Kavinoky Law Firm today for a free consultation.