Asset forfeiture in California criminal proceedings

BY : Chastaine | Jones
Written by: Chastaine | Jones

An accusation of criminal conduct comes with a host of questions. What will happen to me? Is jail or prison time a possibility? How will this case affect my career? Each of these questions can be overwhelming by themselves, but there’s another possible penalty which can also be of concern: asset forfeiture.

What is asset forfeiture?

Asset forfeiture is the process by which a government entity seizes the property of an individual and takes ownership of that property. Both the federal government and California engage in asset forfeiture, taking ownership of property they believe has been involved in criminal activity.

California permits asset forfeiture in myriad crimes, most notably those involving illegal drugs and white-collar crimes. In California Penal Code Section 186.2, a wide variety of so-called criminal profiteering crimes are subject to asset forfeiture, from arson and felony assault to embezzlement and forgery.

How does it work?

California asset forfeiture laws and procedures are extremely complex. There are many different statutes which govern how they are used and under what circumstances. An asset forfeiture for a drug-related crime will not necessarily follow the same process as one for racketeering.

But generally, when law enforcement is seeking asset forfeiture, it will occur alongside the criminal case. Assuming the charged individual is convicted, there will then be a separate hearing on the forfeiture. Prosecutors must then prove that the property in question was either used in the crime’s commission or obtained by way of the crime. If successful, ownership of the property changes from the accused to the government.

Share This Story

Do you find this topic fascinating? It's likely that your friends share the same interest! Consider sharing this story on your social media to help others in their search for reliable information.
Contact Chastaine | Jones Today

Proven criminal defense team ready to fight for you!

Get to know our experienced criminal defense attorneys, Martin Jones, Mike Chastaine, and Jessica Davis. Do you need legal advice? Contact our Gold River criminal defense law firm today!

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
uploadmagnifiercrossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram