Remember the early Punk'd episode where Justin Timberlake returns home to find Ashton Kutcher's bogus sheriff's deputies loading his possessions into a moving van? He freaked when he was told all his property was being seized. What may have made for funny television viewing, isn't at all humorous when it happens in real life. Property seizure and asset forfeiture can leave you with nothing -- no house, no car, no cash.
Under both federal and California laws, the government can seize personal property and assets believed to be connected to criminal activity. Even if you haven't been charged with a crime, the police can confiscate your house, your car, your boat, your jewelry and your cash. They don't have to pay you for it, and they can keep your property for as long as they want.
In California, if you don't respond to a notice of seizure or notice of forfeiture proceedings within 30 days, the government can take your property and you might never be able to get it back. Just to try to get your property returned, you have to file a claim.
The purpose of the forfeiture and seizure laws is to deter crime by taking the profit out of it. Originally aimed at organized crime, federal and state forfeiture and seizure laws are also used to target those suspected of committing drug crimes, tax evasion, money laundering, forgery and pornography. In fact, federal laws define more than 100 forfeiture categories. A number of the forfeiture laws specifically target drug trafficking and the use of land for the cultivation of drug plants.
If your property is seized, you need to hire a skilled criminal defense attorney to fight back. Often rental property or land owners don't realize that illegal activity is taking place on their property, yet their property can still be seized. Innocent buyers may unwittingly purchase illegally obtained possessions that can be summarily taken by police.
You do have recourse. Under third-party innocent owner exemptions, an experienced seizure and forfeiture attorney can argue that you had no knowledge of illegal activities. It is up to the prosecutor to prove beyond a reasonable doubt that the property owner was aware of any illegal activity. You can get your property returned, but in matters of asset forfeiture and property seizure, you have to act fast.
-LegalPro
