SeIzure & Forfeiture Lawyers

Oakland, Hayward, Fremont, Pleasanton, Concord

Experienced, Aggressive Defense
When Your Freedom Is at Stake

Under both federal and California laws, government authorities can seize property, money, and other assets and hold them as part of a criminal investigation. This often times happens in cases involving federal crimes and drug crimes.  Our federal trial attorneys at the Law Offices of Robert J. Beles can protect your rights and help you get your property back in a drug raid or  other forfeiture situation.

What is forfeiture?

Forfeiture is the lawful seizure of assets or property when a suspected connection with criminal activity exists. Examples of property subject to forfeiture are drugs, drug paraphernalia, illegal guns, automobiles, houses, real estate property, cash, jewelry, bank accounts, investment accounts, computers, and the list goes on. In addition to property directly related to crime (such as drugs), property purchased with illegally earned money is also subject to confiscation.

California Penal Code Section 186 allows state government forfeiture for the purpose of fighting organized crime. Extensive federal laws govern forfeiture and intend to reduce criminal activity involved with drug trafficking, tax evasion, money laundering, and other crimes. Even though you are not under arrest or accused of a crime, if authorities believe a connection with criminal profits exists, they may seize your property.

Your rights against forfeiture

Circumstances that require a search warrant for criminal investigation also require a warrant to seize for forfeiture. Authorities must show probable cause to seize the property or that because of an already existing judgment the property is subject to forfeiture.

You have 30 days under California law to respond and fight a forfeiture action in court. Taking immediate action is crucial, because delay can result in completely losing your right to recover your seized property. Authorities generally sell the property in auctions if no response occurs within 30 days.

A criminal defense law firm has various forfeiture defense strategies available, which may include innocent owner defense (such as a co-owner innocent spouse who is unaware of the property having an illegal connection), a continuance until obtaining a verdict for criminal charges, or an injunction on property or assets that allows for property return under a court bond.

Contact The Law Offices of Robert J. Beles

Our forfeiture attorneys have offices in Oakland, Pleasanton, Fremont, Concord and Hayward, CA and represent individuals charged with crimes throughout the Oakland-San Francisco Bay Area. To schedule a free consultation with an experienced criminal trial attorney, contact us through this Web site or by phone today.