Los Angeles Criminal Defense Attorneys

Forfeiture is the taking by the Government, without compensating the owner, of property that was illegally used or obtained.

Our experienced criminal attorneys know before property can be forfeited to the government under Health and Safety Code 11470, the person must be convicted in an underlying or related criminal case of a specific offense that occurred within 5 years before the seizure or the notice of intent to seek forfeiture.

California Law also states that if property subject to forfeiture is also evidence in a criminal case, it may be held on two grounds: as evidence in the criminal case, and as the defendant in the forfeiture case.

Los Angeles Criminal Defense

Property Subject To Forfeiture

Controlled Substances: If manufactured, distributed, dispensed or acquired in violation of Division 10 of the California Health and Safety Code. (HS 11470). Under California Law, a "Controlled substance," means a drug, substance, or immediate precursor which is listed in any schedule in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code.

Raw Materials & Equipment: If used or intended to be used in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of Division 10 of the California Health and Safety Code.

Vehicles: The interest of any registered owner of a boat, airplane, or other vehicle that has been used as an instrument to facilitate the manufacture of, possession for sale, or sale of specified drugs, in specified amounts. (a) 14.25 grams or more of heroin or cocaine base, (b) 28.5 grams or more of Schedule I controlled substances except marijuana, peyote, or psilocybin, (c) 10 pounds dry weight or more of marijuana, peyote, or psilocybin, (d) or 28.5 grams or more of cocaine, or methamphetamine; or (e) 57 grams or more of a substance containing cocaine or methamphetamine (f) or 28.5 grams or more of Schedule II controlled substances.

Vehicle Exemption: applies to anyone other than the defendant who has a community property interest in the vehicle that requires a class C, M1, M2 driver's license when the vehicle is the only class C, M1, M2 vehicle available to the defendant's immediate family.

Records and research products: All books, records, research products, and materials including formulas, microfilms, tapes, and data used or intended to be used in violation of Division 10 of the California Health and Safety Code.

Money or other things of value: If furnished or intended to be furnished in exchange for a controlled substance, traceable to any exchange for a controlled substance or used or intended to be used to facilitate violations of Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of the California Health and Safety Code,or Section 182 of the California Penal Code, or a felony violation of Section 11366.8 of the California Health and Safety Code. The offense involves manufacture, sale, possession for sale, offer for sale, or offer to manufacture, or conspiracy to commit at least one of those offenses, if the exchange, violation, or other conduct which is the basis for the forfeiture occurred within five years of the seizure of the property, or the filing of a petition, or the issuance of an order of forfeiture of the property, whichever comes first.

Real (Property) Estate: The real property of any property owner who is convicted of violating Section 11366, 11366.5, or 11366.6 with respect to that property.

Real Estate Exemption: However, property which is used as a family residence or for other lawful purposes, or which is owned by two or more persons, one of whom had no knowledge of its unlawful use, shall not be subject to forfeiture.

Los Angeles Criminal Defense

Types of forfeiture proceedings

1. Controlled Substances listed in Schedule I may be seized and forfeited without any proceedings.

2. Real Property and personal property worth more than $25,000, that are subject to forfeiture, require judicial forfeiture proceedings.

3. Personal Property worth $25,000 or less may be forfeited administratively without judicial supervision as long as the Government provides proper notice under the Due Process Clause.

If you are involved in a forfeiture case, contact the Criminal Defense Strikeforce to get your property back. Motions may be filed in your drug case for the return of the seized property at the preliminary hearing. You may also have a defense to the forfeiture case by claiming: defective notice, property not derived from drug trafficking, statute of limitations or entrapment or outrageous government conduct may have been involved.