Asset Forfeiture in Drug Cases: How to Protect Your Property
Introduction
If you’re involved in a drug investigation or arrest, you may not only face criminal charges—but also risk losing your money, car, or even your home through a process called asset forfeiture. In California, both state and federal authorities have the power to seize property believed to be connected to drug crimes, even before you’ve been convicted.
This article explains how asset forfeiture works, when it applies in drug-related cases, and how to fight back to protect your property rights.
What Is Asset Forfeiture?
Asset forfeiture is a legal process where law enforcement agencies seize property allegedly used in the commission of a crime or obtained through criminal activity. In drug cases, this can include:
- Cash found during a traffic stop or raid
- Vehicles allegedly used to transport drugs
- Real estate believed to be a drug stash house
- Bank accounts or financial instruments
California law allows for both criminal forfeiture (which requires a conviction) and civil forfeiture (which does not). In civil cases, the government sues the property itself—e.g., “State of California vs. $15,000 in U.S. Currency.”
How Forfeiture Differs in State vs. Federal Cases
California has reformed many of its civil asset forfeiture laws to protect property owners, but federal authorities operate under much broader guidelines. Key differences include:
- Federal agencies can seize assets without a conviction in many cases
- Federal forfeiture laws require lower burdens of proof than state law
- “Adoption” policy allows local law enforcement to hand cases over to federal agencies to circumvent state protections
This makes federal forfeiture far more difficult to contest, often putting innocent property owners at a major disadvantage. However, with the right legal strategy, it is possible to challenge these seizures and reclaim your assets.
