Asset forfeiture is a term used to describe the confiscation of assets, by the State, which are either (a) the proceeds of crime or (b) the instrumentalities of crime. Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics. The terminology used in different jurisdictions varies. Some jurisdictions use the term "confiscation" instead of forfeiture.
The police can take your house, car, boat, jewelry and cash, without paying for it, even if you haven't been charged with a crime. They can keep your property for as long as they want. You'll need to file a claim to try and get it back.
Generally under California law, you have 30 days to respond to a notice of seizure or notice of forfeiture proceedings. If you don't respond within 30 days, you may not even have a chance to fight for the property the government is threatening to take away.
California Lawyer, the magazine of the California Bar Association, reported that many police departments in California have become dependent on drug-related seizures for items of basic budget. In the simplest terms, if the police do not make enough seizures, then police officers will lose their jobs. In fact, it has been reported that the vast majority of seizures are of property worth less than $50,000, and is made from ordinary citizens who are never charged with a crime.
In June, Gov. Arnold Schwarzenegger signed a law making it easier for prosecutors to seize assets of gang members. The bill, SB 1126, expands a law passed last year that allows prosecutors to seek monetary damages from gangs that cause damage to neighborhoods. A provision in the earlier law that said the seized assets had to be "derived from" the gang's criminal activities proved an impediment to prosecutors.
The revision allows the seizure of any gang members' assets, not just assets that the gangs obtained illegally, to cover the cost of damage they caused.
