California's Asset Forfeiture Laws
Explained by Our Criminal Defense Lawyers

Asset forfeiture is one of the MOST powerful - and Potentially unfair - the government can use weapons Against people, Regardless of Whether They are guilty of a crime.

Asset forfeiture Occurs When the government Takes away someone's private property, without compensating them, Because it suspects the property was used in Committing a crime or criminal activity was Obtained Through. California's asset forfeiture laws allow cops to seize MOST Prosecutors and types of property-including land, houses, boats, cars, money, etc.

In technical legal terms, an asset forfeiture proceeding is a lawsuit by the government Against the property , not owners Against person. 1 What This Means in Practice Is That It Does not Matter Whether the owner of the property is found guilty or have Committed a crime at all-they can still lose Their property to asset forfeiture. 2

To illustrate the harshness of this rule: the United States Supreme Court has held That it is okay for the government to seize a car Jointly owned by a husband and wife Because the husband had sex with a prostitute in the car ... even though the That wife HAD no idea I was using it for th purpose! 3

In California, asset forfeiture MOST Takes place in Connection with Drug Offenses, under the California Uniform Controlled Substances Act, Health & Safety Code Section 11000 et seq HS.

Another major route to asset forfeiture in California is California Through the Control of Profits of Organized Crime Act, Penal Code 186.1 PC et seq.

In this article, our criminal defense attorneys and asset forfeiture California 4 Explain asset forfeiture in California by addressing the following:

1. Overview of California asset forfeiture

eleven. Asset forfeiture overview

1.2. Potential for abuse

1.3. Examples of property subject to asset forfeiture
in California

2. Asset forfeiture under California's drug laws

21. That May Kinds of property be forfeited

2.2. Conviction requirement and exceptions

2.2.1. Conviction requirement

2.2.2. Situations Where conviction is
not required

2. 3. Required procedure

2.3.1. Summary forfeiture

2.3.2. Administrative asset forfeiture

2.3.3. Judicial asset forfeiture

3. Asset forfeiture for property Involved in
Organized Crime

3.1. That activity can lead to asset forfeiture

3.2. Types of property subject to asset forfeiture

3.3. Required procedure

If you would like more information after reading this article, we invite you to contact us at Shouse Law Group.

Helpful You may also find information in our related articles on Police Misconduct and Civil Rights Violations; Penal Code 245 (a) (1) PC Assault with a Deadly Weapon (ADW); California Penal Code 597 PC Animal Abuse and Cruelty Laws; California Internet Fraud Laws; Carrying a Concealed Weapon in a Vehicle or on your Person; Manufacture or Sale of a Counterfeit Mark (Penal Code 350 PC); PC California Penal Code 597.5 Dogfighting Laws; California Drug Crimes; Health & Safety Code Section 11379.6 HS California Laws re Manufacturing of Drugs and Narcotics; Health and Safety Code 11352 HS Selling or Transportation of a Controlled Substance; Health and Safety Code 11351 HS California's "Drug Possession for Sale" Law; Medical Marijuana and the Compassionate Use Act of 1996; California Criminal Jury Trials; California Penal Code 186.22 PC's Criminal Street Gang Sentencing Enhancement; Health Care Fraud Defense; California Penal Code 530.5 PC Identity Theft Laws; Bribery Law in California; Penal Code 311.3 & 311.11 PC Defense Lawyers California Child Pornography; California Penal Code 518 PC & Blackmail Extortion Laws; Penal Code 207, 208, 209, 209.5 PC Kidnapping Laws California; California Penal Code 211 PC Robbery Law; California Penal Code 487 PC "Grand Theft" Law; Penal Code 496 PC and Receiving Stolen Property.

1. Overview of California asset forfeiture

eleven. Asset forfeiture overview

In some ways, asset forfeiture looks like just another form of criminal penalty, like prison time or a criminal fine. But in fact it is very different.

For starters, you can lose your property to asset forfeiture even if you are innocent ... or even not Have Been Accused of a crime yourself! 5

Also, in most cases asset forfeiture is technically not a criminal penalty. Instead, the law considers it a civil one. 6

What This Means in Practice Is That You Have fewer rights and protections in an asset forfeiture proceeding than you do in a criminal case. For example, you don 't have the right to a court-appointed attorney if your property is Seized and You Can not Afford an attorney on your own. 7

Asset forfeiture is startlingly common in California. In 2010, California law enforcement Initiated 3,344 asset forfeiture proceedings. The value of all the property Involved added up to more than twenty-four million dollars ($ 24,000,000). 8

1.2. Potential for abuse

ACCORDING to the American Civil Liberties Union (the ACLU) , asset forfeiture laws "create huge incentives for law enforcement officers to police for profit." 9

This is Because Police Departments get to keep a fraction of the proceeds of any property They seize. In California, sixty-five percent (65%) of asset forfeiture proceeds go to law enforcement. 10

In other words, cops and Their Employers stand to benefit financially by seizing property as much as They possibly can! This Creates an obvious incentive for police misconduct .

A common practice called "equitable sharing" makes matters even worse.

The laws passed by the California legislature Actually pretty good Provide protections for Individuals caught up in asset forfeiture proceedings. 11 But California equitable sharing Allows Those cops to get around laws by handing They Have Seized property over to federal law enforcement agencies. That gets handled then a federal property under asset forfeiture laws, Which are much harsher than California's. Local and California state agencies get to keep eighty percent (80%) of the proceeds of the property Seized, while the feds keep the other twenty percent (20%). 12

What This Means Is That California cops can do an end-run around the restrictions on asset forfeiture That Were put in place by California's own Elected Officials ... and still make plenty of money for Their Departments! Over three hundred million dollars ($ 300,000,000) worth of assets Were Seized in California Through equitable sharing Between 2000 and 2008 13

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1.3. Examples of property subject to asset forfeiture in California

Asset forfeiture can happen in a wide variety of Situations in California. Various sections of the California Penal Code and other laws spell out when it can occur.

Some examples of property That Can Be Seized in criminal cases include:

However, by far the Most Common and Important path to asset forfeiture in California is the Uniform Controlled Substances Act, aka California's drug laws.

2. Asset forfeiture under California's drug laws

California's Uniform Controlled Substances Act, Health & Safety Code Section 11000 et seq. , Creates a complicated scheme for the seizure and forfeiture of property Involved in drug crimes. 19

21. That May Kinds of property be forfeited

Virtually any kind of property Involved in the commission of a drug crime California is subject to asset forfeiture. This includes:

  • Any controlled substances-drugs-that Were manufactured, distributed, dispensed, or acquired illegally; 20
  • Any equipment or raw materials That Were used, or were "Intended for use," for manufacturing of drugs and narcotics , or for delivering, importing,
    or exporting a controlled substance; 21
  • Any That property was used as a container for controlled substances Either the aforementioned or the aforementioned raw materials or equipment ... EXCEPT for real estate, boats, plans, or vehicles; 22
  • All books, records, and research materials used or "Intended for use" for the violation of California's Uniform Controlled Substances Act, 23
  • The interest of any registered owner of a boat, airplane, or other vehicle That has-been used for the manufacture, possession for sale, or sale of drugs in specified Certain Amounts (except esta That does not apply to a married person's community property interest That in a commercial vehicle is the only one available to the defendant's immediate family); 24
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  • Any money, securities, negotiable instruments, or anything else of value That is used or is Intended to be used to pay for controlled substances, That is traceable to the selling or transportation of a controlled substance , or That is used or Intended to be used Certain other for Violations of the drug laws; 25
  • Any actual property-land or buildings-that was used or allowed to be used by STI owner for the sale, use, manufacture, storage, or distribution of controlled substances, or was fortified to Prevent from entering Because law enforcement drug crimes Were going on inside, in violation of Certain specified laws. 26

Thankfully, there is an exception to this last item: the police can not seize a home Under This section if it is used as a family residence or for other lawful purposes. Also They can not seize any real-estate owned by two or more persons if one of them did not know That it was Being used for illegal purposes. 27

So here are some examples of Situations Where Might be forfeited property under These laws:

Example : Sophia's are Terry has severe attention deficit hyperactivity disorder. Terry Takes the drug Ritalin legally, though a prescription, to Control His symptoms. One day Nick, a friend of Terry's, comes over to Their house, FINDS ... large ... and expensive supply of Ritalin in the bathroom, and steals it. Then Nick is arrested for selling the Ritalin on the street in violation of California drug laws.
Because Nick was distributing Ritalin in violation of the law, the police can seize it 28 ... and Sophia and Terry May Have trouble getting it back. Example Tanya is arrested while driving a car with a large amount (over ten pounds) of marijuana in the trunk and is charged With possession for sale . The car's owner is whos Tanya's mother, Rose. Plus, the title to the car is held by Rose's bank, from Whom She Took out a loan to buy the car. . The police seize the car and begin asset forfeiture proceedings 29 This puts Rose in default under her car loan and ruins her credit rating. Example : Russell is a drug dealer Who is using some of the proceeds of criminal His career college savings to fund a For His nephew account. When Russell is arrested, the Prosecutors May confiscate That account, even though Russell's nephew has-been counting on the money. 30





2.2. Conviction requirement and exceptions

2.2.1 Conviction requirement

Certainly it would make sense for there to be someone whos That requirement to be Convicted of a crime before assets can be forfeited. Otherwise, the police seize and keep innocent Could people's assets Whenever They felt like it!

California asset forfeiture law does require That there be a conviction for some --- but not all-asset forfeitures under the Uniform Controlled Substances Act. Basically, there needs to be a conviction in an "underlying or related criminal action" before there can be to forfeiture of any of the following property:

  1. A boat, airplane, or vehicle;
  2. Money, securities, etc. worth up to twenty-five thousand dollars ($ 25,000); or
  3. Any real-estate. 31

Also, the defendant needs to be Convicted of a crime That Took Place Within five (5) years of the date the property was Seized or the date a notice of forfeiture was issued. 32

It's Important to note esta That does not mean That the defendant has to be Convicted before the property can be Seized . Instead, it just Means That there needs to be a conviction before it can be forfeited -meaning, before it Becomes the property of the government and is lost forever to the original STI owners. 33

Also, This requirement Applies only if the forfeiture is "contested." 34 As we'll discuss in Section 2.3 of this article, anyone Who has an interest in property That Has Been Seized for asset forfeiture Quickly needs to move to contest the forfeiture. Otherwise, They risk losing the property ... Even If They Have Never Been Committed or charged with a crime Themselves!

2.2.2. Situations Where conviction is not required

As you can see, it's not the case That a conviction is required before any property can be forfeited.

Interestingly, if the police seize cash or negotiable instruments worth more than twenty-five thousand dollars ($ 25,000), That Money May be forfeited even if no one is ever Convicted of a drug crime in Connection with it. 35

In That case, the government still has to prove before a court That Came From the money or was going to be used for illegal drug transactions. But it only needs to prove esta by "clear and convincing evidence" ... not the typical criminal standard of "beyond a reasonable doubt." 36

So what does this mean for the people in our examples above?

Example : With Sophia and Terry, Whose Ritalin was stolen and sold on the street by Nick ... there is no requirement for conviction asset forfeiture of controlled substances themselves. . So the Ritalin May be forfeited even if Nick is never Convicted of a crime Example : With Rose, Whose daughter Tanya was arrested With marijuana in the trunk of Rose's car ... Tanya will need to be Convicted before Rose can permanently lose her car . 37 (Of course, That May not help her if the police seize her car while Tanya Against the charges are pending, and if her loan lender declare her in default Seized Because the car was.) Example : With Russell, the WHO drug dealer HAD Set up a college fund for His nephew .... if the amount of money in the college fund traceable to drug proceeds is less than $ 25,000, then a Russell will need to be Convicted before That money can be forfeited. 38 But if it is more than $ 25,000 Then the government can take it even if Russell is never Convicted. (Though the government will still Have to show in a civil trial, by clear and convincing evidence, That the money meat from illegal drug sales.) 39





Also there is an exception to the requirement Important That a defendant to be Convicted vehicle before, actual property, or $ 25,000 or less in money can be forfeited. If the defendant in the underlying criminal action willfully fails to Appear, then a conviction the requirement Disappears completely. 40

Even worse, If This happens, the government barely have to prove anything. It just needs to make a "prima facie" case That the property is subject to asset forfeiture under the law, Which Means That It just needs to supply some basic evidence That the property is related to a crime. 41

To go back to our example of Tanya and Rose above:

Example : Let's say Tanya Manages to post bail. Then she flees to Mexico and does not Appear for her criminal proceedings. The government can keep Rose's car even if it can muster some evidence That it was used for the crime of possession for sale. (The fact That Tanya had a large amount of marijuana in the trunk When she was arrested will probably be enough.)

2. 3. Required Procedures

Whether you are a criminal defendant or just the unlucky owner of an asset That Has Been Seized for forfeiture, you do have rights That May help you get your property back. California Under asset forfeiture law, the government has to follow Certain Procedures before it can declare forfeited property.

(But note That the police can seize and hold onto property with minimal procedure beforehand. 42 The Procedures Described here must be formally Followed before the right of ownership of the property transfers to the government.)

2.3.1 Summary forfeiture

When Certain Schedule I controlled substances are Seized by police, They can be forfeited without any Procedures of any kind. 43

That the drugs are subject to this so-called asset forfeiture summary procedure include:

  • Marijuana;
  • Heroin;
  • Ecstasy;
  • LSD;
  • Peyote. 44

However, let's say the police seize marijuana from someone Who has the right to POSSESS it legally under California's medical marijuana laws. In This case, the government is required to give the marijuana back. 45

2.3.2. Administrative asset forfeiture

The government can use to Relatively streamlined procedure called "administrative forfeiture" in some asset forfeiture cases. Administrative forfeiture can be used for personal property (that is, anything that's not real estate) worth twenty-five thousand dollars ($ 25,000) or less .

According To St. Anne criminal defense lawyer John Murray 46 :

"If your property is Seized asset forfeiture under the section of the California Uniform Controlled Substances Act, you'll want to have a good understanding of what the government is required Procedures to follow. These Procedures are designed to protect property owners, and asset forfeiture can not be finalized if the government Followed the procedure was defective. One of the best ways to keep your Being from forfeited property is to catch the prosecutor in a procedural error. "

Required notice

If the police seize personal property worth $ 25,000 or less, the prosecutor has to do the following two things:

    1. Give notice of the forfeiture proceedings to
to. everyone named in the receipt for the property, and b. With everyone an ownership interest in the property. 47 In order to figure out Who has an interest in property ownership, the prosecutor is required to investigate federal agency and DMV records on vehicles, boats, and airplanes. 48

      There are Certain requirements for the form the notice has to take. For everyone named in the receipt, it has to be Given by service of process. For everyone else, it has to be delivered in person or by registered mail.

49

      Also, the notice required you to Contain Certain content. This includes
to. a description of the property, b. the appraised value of the property, c. the date and place Where the property was Seized property or the location of That has not yet Been Seized, d. Alleged violation of the law, and e. instructions and time limits for filing and serving a claim Regarding the property. 50







  1. Publish notice of the forfeiture proceedings in general-circulation newspaper in the county Seized Where the property was or is located. 51

Filing a claim

Let's say you Receive notice of asset forfeiture staff for property that you 'own, or you see the notice in the newspaper. Your next move is to file a claim Regarding the property. And you need to move quickly-Have claims to be filed Within thirty (30) days of Either the day you received notice of forfeiture or, if you did not get staff notice, the day the notice was first published in the newspaper. 52 You May be Able to get an extension of deadline from the court esta ... but otherwise, if you miss the deadline, you will not Have a chance to contest the forfeiture. 53

How do you file a claim? A form for filing a claim (Form MC-200) is available on the website of the California courts . You must first complete the form and file it in the superior court in the county Where the defendant was charged. Then, Within thirty (30) days after you file the form With the court, you need to serve it on the prosecutor Who has Initiated the forfeiture proceeding. 54

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If the property is worth more than five thousand dollars ($ 5,000), the court May charge you a fee to file the claim. 55

If no claims are filed

In an administrative forfeiture proceeding (Which can be used, as we Mentioned above, only Where the property is not real estate and is worth $ 25,000 or less), if no claims are filed by the 30-day deadline, Then the prosecutor can declare the property forfeited. 56 All the prosecutor needs to do is draft and sign a "declaration of forfeiture," Which will be sent to all the same people got the notice WHO INITIALLY Described above. 57

This it is why it is so Important not to miss the deadline for filing a claim. It is Also Important That incredibly Properly your claim be filed, Because a defective claim May not work to Prevent Being from the property forfeited.

If claims are filed

If one or more claims are filed by the 30-day deadline, Then the property can no longer be forfeited Through the simpler administrative forfeiture procedure. Instead, the prosecutor has to convert the procedure to a court forfeiture . 58

2.3.3. Judicial asset forfeiture

Prosecutors are required to use the more involved "legal forfeiture" procedure if either of the following is true:

  1. The property They want to forfeit Either is real estate or is worth more than twenty-five thousand dollars ($ 25,000), 59 OR
  2. Someone filed a claim on time after the Prosecutors sent out notices under the administrative forfeiture . 60

Petition and Notice

A court forfeiture Begins When a prosecutor files a "petition of forfeiture" with the superior court in the county Where the defendant has-been charged with a crime, or in the county Where the property has been Seized or is located. 61 The prosecutor has to esta file petition no later than one year after the property is Seized. 62

Then the prosecutor is required to Provide the same notice That They Must Provide for an administrative forfeiture:

  1. Through Notice staff service to everyone named on the receipt for the property;
  2. Notice-through delivery personnel or registered mail to everyone With an ownership interest in the property; and
  3. Publication of the notice of forfeiture in an area newspaper. 63

However, if the prosecutor already sent notice to Individuals as part of the administrative forfeiture procedure, They need not to send notices Those same people again after the court process Converts to forfeiture. 64

Filing a claim

As With the administrative forfeiture procedure, People Have thirty (30) days to file a claim after notice of forfeiture They Receive (or after the notice is first published in the newspaper, If They Did not receive notice). 65

The procedure for filing a claim is the same as Also under the administrative forfeiture procedure. You may use the form for the claim (Form MC-200) provided by the California courts. You must first complete the form and file it in the superior court in the county Where the defendant was charged. Then, Within thirty (30) days after you file the form With the court, you need to serve it on the prosecutor Who has Initiated the forfeiture proceeding. 66 .

If the property is worth more than five thousand dollars ($ 5,000), the court May charge you a fee to file the claim. 67

However, if you filed a claim Already When the prosecutor was trying to proceed under the administrative forfeiture procedure, you do not need to file another one if the court process Converts to forfeiture. 68

If no claim is filed

If no claim is filed in a court proceeding asset forfeiture by the 30-day deadline, the prosecutor can not just declare the property forfeited, like he / she can in an administrative forfeiture. Instead, the prosecutor has to make a motion to the court for an order of forfeiture. 69

The court will probably grant the motion and issue an order of forfeiture. But the prosecutor still has to make a "prima facie" case-that is, present some evidence-that the property is connected to a crime and so really assets is subject to forfeiture. 70

If a claim is filed

If anyone files a claim to the property by the 30-day deadline, Then there will be a trial to determine Whether the property will be forfeited. It needs to take place not later than another thirty (30) days after the claim was filed. 71

This has to be a civil trial jury , UNLESS all the parties agree otherwise. 72

As we Discussed above, for some types of property, the defendant needs to be found guilty of the crime before asset forfeiture can occur. In These cases, the same jury or judge needs to choose Both the criminal charges and the forfeiture question ... UNLESS all the parties agree otherwise. 73 The forfeiture question will be separated out from the question of the defendant's guilt and Dealt With in a separate proceeding. 74

What the prosecutor has to prove

If a forfeiture goes to trial, Then what? Basically, the prosecutor needs to Convince the jury of two things:

  1. That the property was used for or derived from a crime and so meets the definition of property subject to asset forfeiture, AND
  2. All owners of the property consented to ITS use, with the knowledge That it would be or was used to break the law in a way That can lead to forfeiture. 75

The prosecutor needs to prove Both Of These Things beyond a reasonable doubt ... UNLESS the property was Seized cash or negotiable instruments with a value of more than twenty-five thousand dollars ($ 25,000). In That case, the prosecutor only needs to prove These Things by clear and convincing evidence . 76

What does this mean in real life? Let's return to our examples from above:

Example : Sophia and Terry Ritalin legally possessed, but the drug was Seized by police after a family friend stole it from Their house and sold it on the street. The prosecutor probably can not show That They knowingly consented to the Ritalin Being stolen and sold. If Sophia and Terry can file a claim and Properly Their present case at a trial forfeiture, They can probably get Their Ritalin (or reimbursement for it) back. Example : Rose HAD Seized her car after her daughter Tanya was arrested while driving It With marijuana in the trunk. The prosecutor will try to prove That Rose consented to Tanya's using the car and That Knew Tanya Rose would use the car to commit the crime of possession of marijuana for sale. If the prosecutor can not prove esta, Rose gets her car back.

That It May seem ridiculous Could you find yourself arguing in front of a jury that you 'deserve to get your property back even if You Have not Been personally charged with a crime. Esta but in fact happens all the time due to California's asset forfeiture laws under the Uniform Controlled Substances Act.

Even if you yourself Have Been charged with a drug crime California, asset forfeiture laws can add extraordinarily harsh penalties-loss of very valuable property That You May Have worked hard for-on top of the regular criminal penalties.

If you find yourself in esta unlucky position, an experienced California attorney asset forfeiture can help you combat the arguments of the prosecutor .... who, remember, knows the local law enforcement That stands to benefit financially if I can win at the forfeiture trial.

3. Asset forfeiture for property Involved in
Organized Crime

Another common route to asset forfeiture law in California is a California Known as the Control of Profits of Organized Crime Act (Penal Code 186.1 PC et seq.). 77

3.1 Activity That can lead to asset forfeiture

Asset forfeiture in organized crime cases is possible Only When there has-been a criminal conviction. 78

The conviction has to be for a ". Pattern of criminal profiteering activity" 79 This Means That All of the following have to be true:

  1. The conviction needs to be based on AT LEAST two (2) That Have criminal acts like distinguishing Characteristics and are not isolated events; 80
  2. The crimes need to Have Been Committed as a pattern of organized crime; and
  3. The crimes need to Have Been "criminal profiteering activity," Which Means Committed crimes for financial gain. 81

What is the definition of "organized crime"? That is it is conspiratorial crime-meaning, It Takes place as the result of an agreement Among two or more people-and That Either a) seeks to supply illegal goods and services (like drugs or prostitution) in an organized way, or b) Certain seeks to conduct other illegal activities like arson for profit, smuggling, etc. Through planning and coordination Among several people. 82

Criminal street gang activity counts as organized crime. Health care fraud and identity theft can be Considered Also organized crime. 83

. Many different crimes can trigger asset forfeiture under the California Control of Organized Crime Act of Profits To name just a few, These include:

3.2 Types of property subject to asset forfeiture

If you are Convicted in a Criminal Case Involving a pattern of criminal profiteering activity, some of your property May be Seized and forfeited.

The California Control of Profits of Organized Crime Act to seize Allows Prosecutors:

  1. any property interest acquired Through a pattern of criminal profiteering activity, and
  2. all proceeds of a pattern of criminal profiteering activity, as well as anything of value received in exchange for Those proceeds. 85
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Here are some examples to illustrate what This Means:

Example : Mike and several associates run an organized crime ring in Which They Receive consumer electronics stolen from burglars and re-sell them at a huge markup Through a network of pawn shops. Mike is arrested, and the police seize several hundred laptop computers from His operation. If Mike is Convicted, the computers will be forfeited, Because They are a property interest acquired Through a pattern of criminal profiteering activity. Example : Henry is a member of a gang That sells drugs and prostitution. I earns a good living from esta Spends His work and earnings on a house, a car, and lots of jewelry for his girlfriend. If He is arrested and Convicted for His role in the gang, all of those possessions Could Be Seized, Including the jewelry I Gave to his girlfriend .... Because They are things of value received in exchange for the proceeds of organized crime.

3.3. Required procedure

With Just as asset forfeiture in a drug case, Prosecutors must follow before Procedures specified Certain assets can be forfeited in an organized crime case. If They fail to follow These Procedures, forfeiture can not take place.

First the prosecutor has to file a petition for asset forfeiture With the court in the county Where the criminal charges are Being Brought. Then notice has to be served on everyone Who has an ownership interest in the assets, Either by registered mail or delivery personnel. If there's anyone on Whom notice can not be served, the prosecutor has to publish the notice for three weeks in a local newspaper. 86

Any third parties With an interest in the property Have to file a claim With the court Within thirty (30) days of the date They received notice, or the date notice was first published in the newspaper. 87

If any claims are filed, the defendant or the property Argues That shouldnt be forfeited, then a hearing will be held at on the forfeiture in the same court Where Being the criminal charges are tried. The hearing has to be before a jury, but it can be a different than the One That jury decide the criminal charges. 88

The prosecutor needs to prove beyond a reasonable doubt That the property is subject to forfeiture. 89

Call us for help ...
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If you or loved one is in need of help with asset forfeiture and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can Provide a free consultation by phone or in office. We Have Local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and THROUGHOUT California.

Legal References:

1 People v. Currency US $ 6.500 (1989) 215 Cal.App.3d 1542, 1546. ("The seemingly harsh rule Permits Which condemnation ... without regard to the owner's culpability is Explained by the fact historically That is a civil forfeiture proceeding in rem. The vehicle or other inanimate object itself is Being Treated as guilty of wrongdoing, Regardless of STI owner's conduct. ") (internal quotation marks omitted)

2 Same.

3 Bennis v. Michigan (1996) 516 US 442, 446 ("[A] long and unbroken line of cases holds That an owner's interest in property May be forfeited by reason of the use to Which the property is put even though the owner did not know That it was to be put to Such use. ")

4 Our California criminal defense attorneys and asset forfeiture Local unavailable Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We Have additional law offices THROUGHOUT the state conveniently located in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, Sacramento, and several nearby cities.

5 Bennis v. Michigan, (1996) 516 US 442, 446.

6 People v. Madeyski, (2001) 94 Cal.App.4th 659, 663. ("Cases That Have Considered the issue found That Have These statues under forfeiture proceedings are civil in nature.")

7 Same, at 662. ("Defendant Takes the position to section 502.01 That proceeding is criminal in nature, and THUS Evokes the right to counsel. The position is untenable.")

8 State of California Asset Forfeiture Report 2010, at 2 .

9 ACLU Blog of Rights, " Easy Money: Civil Asset Forfeiture Abuse by Police , "Feb. 3, 2010.

10 Marian R. Williams et al. " Policing for Profit: The Abuse of Civil Asset Forfeiture , "Mar. 2010, at 17.

11 Same, at 49.

12 Same, at 23-25.

13 Same, at 49.

14 Penal Code 245 (e) PC. ("(E) When a person is Convicted of a violation of section esta in a case Involving use of a deadly weapon or instrument or firearm, and the weapon or instrument or firearm is owned by That person, the court order That Shall the weapon or instrument or firearm be Deemed a nuisance, and it Shall Be Confiscated and disposed of in the manner provided by Sections 18000 and 18005. ")

15 Penal Code 502.01 PC - Forfeiture of property used in telecommunications or computer Committing crimes; redemption of interests; application to minors; distribution of proceeds.

16 Penal Code 597 (g) (1) PC. ("(G) (1) Upon the conviction of a person charged with a violation of section esta by Causing or permitting an act of cruelty, as defined in Section 599B, ​​and all animals lawfully impounded Seized With respect to the violation by a peace officer, officer of a humane society, or officer of a pound animals or regulation department of a public agency Shall be adjudged by the court to be forfeited and thereupon Shall be Awarded to the impounding officer for proper disposition. A person Convicted of a violation of esta sección by Causing or permitting an act of cruelty, as defined in Section 599B, ​​Shall be liable to the impounding officer for all costs of impoundment from the time of seizure to the time of proper disposition. ")

17 Penal Code 25700 PC - Unlawful carrying of handgun as nuisance. See also Criminal Code 18000 PC - Surrender to Authorities of weapon.

18 Penal Code 598.1 PC. ("(B) (1) Any property interest, Whether tangible or intangible, acquired Through That was the commission of any of the crimes listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b Shall be subject to forfeiture , Including Both staff and actual property, profits, proceeds, and the instrumentalities acquired, accumulated, or used by dogfighting or cockfighting Participants, organizers, transporters of animals and equipment, breeders and trainers of fighting birds or fighting dogs, and persons or steal WHO Obtain illegally dogs or other animals for fighting, Including bait and sparring animals. ")

19 Health & Safety Code 11469 HS et seq.

20 Health & Safety Code 11470 (a) HS. ("The following are subject to forfeiture: (a) All controlled substances Which Have Been manufactured, distributed, dispensed, or acquired in violation of esta division.")

21 Health & Safety Code 11470 (b) HS. ("(B) All raw materials, products, and equipment of any kind Which are used, or Intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of esta division.")

22 Health & Safety Code 11470 (c) HS. ("(C) Real property All except property or a boat, airplane, or any vehicle Which is used, or Intended for use, as a container for property Described in subdivision (a) or (b).")

23 Health & Safety Code 11470 (d) HS. ("(D) All books, records, and research products and materials, Including formulas, microfilm, tapes, and data Which are used, or Intended for use, in violation of esta division.")

24 Health & Safety Code 11470 (e) HS. ("(E) The interest of any registered owner of a boat, airplane, or any vehicle other than an Implement of husbandry, as defined in Section 36000 of the Vehicle Code, Which has-been used as an instrument to Facilitate the manufacture of, or possession for sale or sale of 14.25 grams or more of heroin or cocaine basis as specified in paragraph (1) of subdivision (f) of Section 11054, or a substance container containing 14.25 grams or more of heroin or cocaine basis as specified in paragraph ( 1) of subdivision (f) of Section 11054, or 14.25 grams or more of a substance container containing heroin or cocaine basis as specified in paragraph (1) of subdivision (f) of Section 11054, or 28.5 grams or more of Schedule I controlled substances except marijuana, peyote, or psilocybin, 10 pounds dry weight or more of marijuana, peyote, or psilocybin, or 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, or methamphetamine; or a substance container containing 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, or methamphetamine; 57 grams or more of a substance or container containing cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, or methamphetamine; or 28.5 grams or more of Schedule II controlled substances. No interest in a vehicle lawfully Which May be driven on the highway with a class C, class M1, or M2 license class, as prescribed in Section 12804 of the Vehicle Code, May Under This subdivision be forfeited if there is a community property interest in the vehicle by a person other than the defendant and the vehicle is the sole class C, class M1, or M2 class vehicle available to the defendant's immediate family. ")

25 Health & Safety Code 11470 (f) HS. ("All moneys, negotiable instruments, securities, or other things of value furnished or Intended to be furnished by any person in exchange for a controlled substance, all proceeds traceable to Such an exchange, and all moneys, negotiable instruments, securities or used or Intended to be used to Facilitate any violation of Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of esta code, or Section 182 of the Penal Code, or a felony violation of Section 11366.8 of esta code, insofar as 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 under chapter esta, or the issuance of an order of forfeiture of the property, whichever comes first. ")

26 Health & Safety Code 11470 (g) HS. ("(G) The real property of any property owner Who is Convicted of Violating Section 11366, 11366.5, or 11366.6 That With respect to property.")

See also Health & Safety Code 11366 HS ("Every person WHO Maintains opens or any place for the purpose of unlawfully selling, giving away, or using any controlled substance Which is (1) specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (13), (14), (15) or (20) of subdivision (d) of Section 11054, or specified in subdivision (b), (c), paragraph (1) or (2) of subdivision (d) or paragraph (3) of subdivision (e) of Section 11055, or (2) Which is a classified narcotic drug in Schedule III, IV, or V, Shall be punished by imprisonment in the county jail for a period of not more than one year or the state prison. "); Health & Safety Code 11366.5 HS ("(a) Any person Who has under his or her management or controlling any building, room, space, or enclosure, Either as an owner, lessee, agent, employee, or mortgagee, WHO knowingly rents, leases, or Makes available for use, with or without compensation, the building, room, space, or enclosure for the purpose of unlawfully manufacturing, storing, or distributing any controlled substance for sale or distribution Shall be punished by imprisonment in the county jail for not more than one year, or pursuant to subdivision (h) of Section 1170 of the Penal Code. (b) Any person Who has under his or her management or controlling any building, room, space, or enclosure, Either as an owner, lessee, agent, employee, or mortgagee, WHO knowingly Allows the building, room, space, or enclosure to be fortified to suppress law enforcement entry in order to Further the sale of any amount of cocaine basis as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide and WHO obtains excessive profits from the use of the building, room, space, or enclosure Shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (c) Any person WHO Violates subdivision (a) Previously After Being Convicted of a violation of subdivision (a) Shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (D) For the purposes of section esta, "excessive profits" Means the receipt of consideration of a value Substantially higher than fair market value. "); And Health & Safety Code 11366.6 HS (" Any person WHO Utilizes a building, room, space, or enclosure Specifically designed to suppress law enforcement entry in order to sell, manufacture, or POSSESS for sale any amount of cocaine basis as specified in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6 ) of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine, methamphetamine, or lysergic acid diethylamide Shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years. " ).

27 Health & Safety Code 11470 (g) HS. ("(G)... 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 ITS no knowledge of unlawful use, Shall not be subject to forfeiture. ")

28 Health & Safety Code 11470 (a) HS. ("The following are subject to forfeiture: (a) All controlled substances Which Have Been manufactured, distributed, dispensed, or acquired in violation of esta division.")

29 Health & Safety Code 11470 (e) HS. ("(E) The interest of any registered owner of a boat, airplane, or any vehicle other than an Implement of husbandry, as defined in Section 36000 of the Vehicle Code, Which has-been used as an instrument to Facilitate the manufacture of, or possession for sale or sale of 14.25 grams or more of heroin or cocaine basis as specified in paragraph (1) of subdivision (f) of Section 11054, or a substance container containing 14.25 grams or more of heroin or cocaine basis as specified in paragraph ( 1) of subdivision (f) of Section 11054, or 14.25 grams or more of a substance container containing heroin or cocaine basis as specified in paragraph (1) of subdivision (f) of Section 11054, or 28.5 grams or more of Schedule I controlled substances except marijuana, peyote, or psilocybin, 10 pounds dry weight or more of marijuana, peyote, or psilocybin, or 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, or methamphetamine; or a substance container containing 28.5 grams or more of cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, or methamphetamine; 57 grams or more of a substance or container containing cocaine, as specified in paragraph (6) of subdivision (b) of Section 11055, or methamphetamine; or 28.5 grams or more of Schedule II controlled substances. No interest in a vehicle lawfully Which May be driven on the highway with a class C, class M1, or M2 license class, as prescribed in Section 12804 of the Vehicle Code, May Under This subdivision be forfeited if there is a community property interest in the vehicle by a person other than the defendant and the vehicle is the sole class C, class M1, or M2 class vehicle available to the defendant's immediate family. ")

30 Health & Safety Code 11470 (f) HS. ("All moneys, negotiable instruments, securities, or other things of value furnished or Intended to be furnished by any person in exchange for a controlled substance, all proceeds traceable to Such an exchange, and all moneys, negotiable instruments, securities or used or Intended to be used to Facilitate any violation of Section 11351, 11351.5, 11352, 11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of esta code, or Section 182 of the Penal Code, or a felony violation of Section 11366.8 of esta code, insofar as 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 under chapter esta, or the issuance of an order of forfeiture of the property, whichever comes first. ")

31 Health & Safety Code 11488.4 (i) HS. ("(I) (1) With respect to property Described in subdivisions (e) and (g) of Section 11470 for Which is Sought forfeiture and forfeiture as to Which is contested, the state or the local governmental entity Shall Have the burden of proving Beyond a Reasonable Doubt That the property for forfeiture Which is Sought was used, or Intended to be used, to Facilitate a violation of one of the Offenses enumerated in subdivision (f) or (g) of Section 11470. (2) In the case of property Described in subdivision (f) of Section 11470, except cash, negotiable instruments, or other cash equivalents of a value of not less than twenty-five thousand dollars ($ 25,000), for Which forfeiture is Sought and as to Which forfeiture is contested , the Local or state governmental entity Shall Have the burden of proving beyond a reasonable doubt That the property for forfeiture Which is Sought meets the criteria for forfeiture Described in subdivision (f) of Section 11470. (3) In the case of property Described in paragraphs (1) and (2) a judgment of forfeiture requires as a condition precedent thereto, That a defendant be Convicted in an underlying or related criminal action of an offense specified in subdivision (f) or (g) of Section 11470 Which offense Within occurred five years of the seizure of the property subject to forfeiture or Within five years of the notification of intention to seek forfeiture. If the defendant is found guilty of the underlying offense or criminal related, the issue of forfeiture Shall be tried before the same jury, if the trial was by jury, or tried before the same court, if was by trial court, UNLESS waived by all parties. The issue of forfeiture Shall be bifurcated from the criminal trial and after conviction UNLESS tried waived by all the parties. ")

32 Same.

33 . Health & Safety Code 11471. ("Property subject to forfeiture under division esta May be Seized by any peace officer upon process issued by any court Having jurisdiction over the property without process Seizure May be made ​​if any of the following Situations exist: ( a) The seizure is incident to an arrest or a search under a search warrant. (b) The property subject to seizure has-been the subject of a prior judgment in behalf of the state in a criminal injunction or forfeiture proceeding based upon esta division. (c) There is probable cause to believe That the property is Directly or Indirectly dangerous to health or safety. (d) There is probable cause to believe That the property was used or is Intended to be used in violation of esta division... .. ")

34 Health & Safety Code 11488.4 (i) (1) - (3).

35 Health & Safety Code 11488.4 (i) (4). ("In the case of property Described in subdivision (f) of Section 11470 That is cash or negotiable instruments of a value of not less than twenty-five thousand dollars ($ 25,000), the state or the local governmental entity Shall Have the burden of proving by clear and convincing evidence That the property for forfeiture Which is Sought Is Such as is Described in subdivision (f) of Section 11470. There is no requirement for forfeiture That a criminal conviction thereof be Obtained in an underlying or related criminal offense. ")

36 Same.

37 Health & Safety Code 11488.4 (i) (1) - (3) HS.

38 Same.

39 Health & Safety Code 11488.4 (i) (4) HS.

40 Health & Safety Code 11488.4 (k) HS. ("(K) If in any underlying or related criminal action or proceeding, in Which a petition for forfeiture has-been filed pursuant to this section, and a criminal conviction is required before a judgment of forfeiture May be Entered, the defendant willfully fails to it appears as required, Shall there be no requirement of a criminal conviction as a prerequisite to forfeiture. In These cases, forfeiture Shall be ordered as Against the defendant and judgment Entered upon default, upon application of the Local or state governmental entity. In ITS application for default, the state governmental or Local entity Shall Be required to give notice to the defendant's attorney of record, if any, in the underlying or related criminal action, and to make a showing of due diligence to locate the defendant. In moving for a default judgment pursuant to this subdivision, the state or the local governmental entity Shall Be required to Establish a prima facie case in support of ITS petition for forfeiture. ")

41 Same.

42 . Health & Safety Code 11471. ("Property subject to forfeiture under division esta May be Seized by any peace officer upon process issued by any court Having jurisdiction over the property without process Seizure May be made ​​if any of the following Situations exist: ( a) The seizure is incident to an arrest or a search under a search warrant. (b) The property subject to seizure has-been the subject of a prior judgment in behalf of the state in a criminal injunction or forfeiture proceeding based upon esta division. (c) There is probable cause to believe That the property is Directly or Indirectly dangerous to health or safety. (d) There is probable cause to believe That the property was used or is Intended to be used in violation of esta division... .. ")

43 Health & Safety Code 11475 HS. ("Controlled substances listed in Schedule I are possessed That, TRANSFERRED, sold, or Offered for sale in violation of esta division are contraband and summarily Shall Be Seized and forfeited to the state. Controlled substances listed in Schedule I, or eat Which are Seized into the possession of the state, the owners of Which are unknown, are summarily Shall Be contraband and forfeited to the state. ")

44 See US Department of Justice, Drug Enforcement Administration, Controlled Substance Schedules .

45 City of Garden Grove v. Superior Court (2007) 157 Cal.App.4th 355, 391. ("Mindful as we are of the overall supremacy of federal law, we are unable to discern any justification for the City or STI police department to disregard the trial court's order to return Kha's marijuana. The order is fully consistent With state law Respecting the possession of medical marijuana, and for all the Reasons Discussed, we do not believe federal the drug laws supersede or preempt Kha's right to the return of His property. That right has ITS origins in the CUA and MMP, but it is grounded, at bottom, on fairness principles embodied in the due process clause. Those principles require the return of Kha's property. ")

46 St. Anne criminal asset forfeiture and defense lawyer John Murray has handled Numerous cases Offenses Involving narcotics and dealer to clients at a number of locations of the California courts , Including the Central Justice Center in Santa Ana, the Harbor Justice Center in Newport Beach, the North Justice Center in Fullerton, the West Justice Center in Westminster, and the Laguna Hills Harbor Justice Center .

47 Health & Safety 11488.4 (j). ("(J) The Attorney General or the district attorney of the county in Which property is subject to forfeiture under Section 11470 may, pursuant to this subdivision, order forfeiture of personal property not Exceeding twenty-five thousand dollars ($ 25,000) in value. The Attorney General or District Attorney Shall Provide notice of proceedings under esta subdivision pursuant to subdivisions (c), (d), (e) and (f).... ")

See also Health & Safety 11488.4 (c). ("(C) The Attorney General or District Attorney Shall make service of process upon petition esta Regarding every single designated in a receipt issued for the Seized property. In Addition, the Attorney General or District Attorney Shall cause a notice of the seizure, if any, and of the Intended forfeiture proceeding, as well as notice to any interested party Stating That May file a claim verified With the superior court of the county in Which the property was Seized or if the property was not Seized, a notice of the initiation of forfeiture proceedings With respect to any interest in the property subject to forfeiture Seized or, to be served by delivery personnel or by registered mail upon any person Who has an interest in the Seized property or property subject to forfeiture other than persons designated in a receipt Seized issued for the property. Whenever a notice is delivered pursuant to this section, it Shall Be Accompanied by a claim form as described in Section 11488.5 and directions for the filing and service of a claim. ")

48 Health & Safety 11488.4 (d). ("(D) Shall Be An investigation made ​​by the law enforcement agency as to any claimant to a vehicle, boat, or airplane Whose right, title, interest, or lien is of record in the Department of Motor Vehicles or Appropriate federal agency. If the law enforcement agency Finds That any person, other than the registered owner, is the lawful owner thereof, and such ownership did not Arise subsequent to the date and time of arrest or notification of the forfeiture proceedings or seizure of the vehicle, boat, or airplane, It shall forthwith send a legal notice to the owner at his or her address appearing on the records of the Department of Motor Vehicles or Appropriate federal agency. ")

49 Health & Safety 11488.4 (c).

50 Health & Safety 11488.4 (j). ("(j) The Attorney General or the district attorney of the county in Which property is subject to forfeiture under Section 11470 may, pursuant to this subdivision, order forfeiture of personal property not Exceeding twenty- five thousand dollars ($ 25,000) in value The Attorney General or District Attorney Shall Provide notice of proceedings under esta subdivision pursuant to subdivisions (c), (d), (e) and (f), including:. (1) A description of the property. (2) The appraised value of the property. (3) The date and place of seizure of any property or location but not subject to forfeiture Seized. (4) The Alleged violation of law With respect to forfeiture of the property . (5) The instructions for filing and serving a claim With the Attorney General or the district attorney pursuant to Section 11488.5 and time limits for filing a claim and claim form. ")

51 Health & Safety 11488.4 (j). ("(J) The Attorney General or the district attorney of the county in Which property is subject to forfeiture under Section 11470 may, pursuant to this subdivision, order forfeiture of personal property not Exceeding twenty-five thousand dollars ($ 25,000) in value. The Attorney General or District Attorney Shall Provide notice of proceedings under esta subdivision pursuant to subdivisions (c), (d), (e) and (f).... ")

See also Health & Safety Code 11488.4 (e) HS. ("(E) When a forfeiture action is filed, the notices Shall Be published eleven week for three successive weeks in a newspaper of general circulation in the county Where the seizure was made or Where the property subject to forfeiture is located.")

52 Health & Safety Code 11488.5 (a) (1) HS. ("Any person claiming an interest in the property pursuant to Section 11488 Seized May, UNLESS for good cause shown the court extends the time for filing, at any time Within 30 days from the date of the first publication of the notice of seizure, if That person was not personally served or served by mail, or Within 30 days after receipt of actual notice, file With the superior court of the county in Which the defendant has-been charged With the underlying or related criminal offense or in Which the property was Seized or, if there was no seizure, in Which the property is located, to claim, verified in Accordance With Section 446 of the Code of Civil Procedure, Stating his or her interest in the property. An endorsed copy of the claim Shall Be served by the claimant on the Attorney General or district attorney, as Appropriate, Within 30 days of the filing of the claim. The Judicial Council Shall Develop and approve official forms for the verified That claim is to be filed pursuant to this section. The official forms Shall be drafted in nontechnical language, in Inglés and in Spanish, and Shall Be Made Available Through the office of the clerk of the court Appropriate. ")

53 Same.

54 Same.

55 Health & Safety Code 11488.5 (a) (3) HS. ("(3) The clerk of the court Shall not charge or collect a fee for the filing of a claim in any case in Which the value of the respondent property as specified in the notice is five thousand dollars ($ 5,000) or less. If the value of the property, as specified in the notice, is more than five thousand dollars ($ 5,000), the clerk of the court Shall charge the filing fee specified in Section 70611 of the Government Code. ")

56 Health & Safety Code 11488.4 (j) HS. ("Timely If no claims are filed, the Attorney General or the district attorney Shall prepare written declaration of forfeiture of the property subject to the state and dispose of the property in Accordance With Section 11489. A written declaration of forfeiture signed by the Attorney General district attorney or subdivision Under This Shall Be Deemed to Provide good and sufficient title to the property forfeited. The prosecuting agency ordering forfeiture pursuant to this subdivision Shall Provide a copy of the declaration of forfeiture to any person listed in the receipt Given at the time of seizure and to any person personally served notice of the forfeiture proceedings. ")

57 Same.

58 Same. ("If a claim is filed Timely, Then the Attorney General or District Attorney Shall file a petition of forfeiture pursuant to this section Within 30 days of the receipt of the claim. The petition of forfeiture pursuant Shall Then proceed to other Provisions of esta chapter , That except additional notice need not be Given and no additional claim need be filed. ")

59 Health & Safety Code 11488.4 (a) HS. ("(A) Except as provided in subdivision (j), if the Department of Justice or the governmental entity Local Determines That do warrant the factual Circumstances That the moneys, negotiable instruments, securities, or other things of value Seized or subject to forfeiture Eat Within the Provisions of subdivisions (a) to (g), inclusive, of Section 11470, and are not forfeitable Automatically made ​​subject to court or order of forfeiture or destruction by another provision of esta chapter, the Attorney General or District Attorney Shall file a petition of forfeiture With the superior court of the county in Which the defendant has-been charged With the underlying criminal offense or in Which the property subject to forfeiture Has Been Seized or, if no seizure has occurred, in the county in Which the subject property to forfeiture is located. If the petition alleges actual property forfeitable That is, the prosecuting attorney Shall cause a lis pendens to be Recorded in the office of the county recorder of each county in Which true the property is located. A petition of forfeiture under subdivision esta Shall be filed as soon as practicable, but in any case Within one year of the seizure of the property subject to forfeiture Which is, or as soon as practicable, but in any case Within one year of the filing by the Attorney General or district attorney of a lis pendens or other process Against the property, whichever is earlier. ")

60 Health & Safety Code 11488.4 (j) HS. ("If a claim is filed Timely, Then the Attorney General or District Attorney Shall file a petition of forfeiture pursuant to this section Within 30 days of the receipt of the claim. The petition of forfeiture pursuant Shall Then proceed to other Provisions of esta chapter , That except additional notice need not be Given and no additional claim need be filed. ")

61 Health & Safety Code 11488.4 (a) HS.

62 Same.

63 Health & Safety Code11488.4 (c) HS. ("(C) The Attorney General or District Attorney Shall make service of process upon petition esta Regarding every single designated in a receipt issued for the Seized property. In Addition, the Attorney General or District Attorney Shall cause a notice of the seizure, if any, and of the Intended forfeiture proceeding, as well as notice to any interested party Stating That May file a claim verified With the superior court of the county in Which the property was Seized or if the property was not Seized, a notice of the initiation of forfeiture proceedings With respect to any interest in the property subject to forfeiture Seized or, to be served by delivery personnel or by registered mail upon any person Who has an interest in the Seized property or property subject to forfeiture other than persons designated in a receipt Seized issued for the property. Whenever a notice is delivered pursuant to this section, it Shall Be Accompanied by a claim form as described in Section 11488.5 and directions for the filing and service of a claim. ")

See also Health & Safety Code11488.4 (e) HS. ("(E) When a forfeiture action is filed, the notices Shall Be published eleven week for three successive weeks in a newspaper of general circulation in the county Where the seizure was made or Where the property subject to forfeiture is located.")

64 Health & Safety Code 11488.4 (j) HS. ("The petition of forfeiture Shall Then proceed pursuant to Provisions of esta other chapter, except That additional notice need not be Given and additional claim need not be filed.")

65 Health & Safety Code 11488.5 (a) (1) HS. ("Any person claiming an interest in the property pursuant to Section 11488 Seized May, UNLESS for good cause shown the court extends the time for filing, at any time Within 30 days from the date of the first publication of the notice of seizure, if That person was not personally served or served by mail, or Within 30 days after receipt of actual notice, file With the superior court of the county in Which the defendant has-been charged With the underlying or related criminal offense or in Which the property was Seized or, if there was no seizure, in Which the property is located, to claim, verified in Accordance With Section 446 of the Code of Civil Procedure, Stating his or her interest in the property. An endorsed copy of the claim Shall Be served by the claimant on the Attorney General or district attorney, as Appropriate, Within 30 days of the filing of the claim. The Judicial Council Shall Develop and approve official forms for the verified That claim is to be filed pursuant to this section. The official forms Shall be drafted in nontechnical language, in Inglés and in Spanish, and Shall Be Made Available Through the office of the clerk of the court Appropriate. ")

66 Same.

67 Health & Safety Code 11488.5 (a) (3) HS. ("(3) The clerk of the court Shall not charge or collect a fee for the filing of a claim in any case in Which the value of the respondent property as specified in the notice is five thousand dollars ($ 5,000) or less. If the value of the property, as specified in the notice, is more than five thousand dollars ($ 5,000), the clerk of the court Shall charge the filing fee specified in Section 70611 of the Government Code. ")

68 Health & Safety Code 11488.4 (j) HS. ("The petition of forfeiture Shall Then proceed pursuant to Provisions of esta other chapter, except That additional notice need not be Given and additional claim need not be filed.")

69 Health & Safety Code 11488.5 (b) (1) HS. ("B) (1) If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, Shall declare the Seized property subject to forfeiture or pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the state or the local governmental entity Shall Be required to Establish a prima facie case in support of ITS petition for forfeiture. ")

70 Same.

71 Health & Safety Code 11488.5 (c) (1). ("(C) (1) If a verified claim is filed, the forfeiture proceeding Shall be set for hearing on a day not less than 30 days therefrom, and the proceeding Shall have priority over other civil're married. Notice of the hearing Shall Be Given in the same manner as provided in Section 11488.4. Such a verified claim or a claim filed pursuant to subdivision (j) of Section 11488.4 Shall not be admissible in the proceedings Regarding the underlying or related criminal offense in September forth in subdivision (a) of Section 11488. ")

72 Health & Safety Code 11488.5 (c) (2). ("The hearing Shall be by jury, UNLESS waived by consent of all parties.")

73 Health & Safety Code 11488.4 (i) (3). ('(' (3) In the case of property Described in paragraphs (1) and (2) a judgment of forfeiture requires as a condition precedent thereto, That a defendant be Convicted in an underlying or related criminal action of an offense specified in subdivision (f) or (g) of Section 11470 Which offense occurred Within five years of the seizure of the property subject to forfeiture or Within five years of the notification of intention to seek forfeiture. If the defendant is found guilty of the underlying or related criminal offense, the issue of forfeiture Shall be tried before the same jury, if the trial was by jury, or tried before the same court, if was by trial court, UNLESS waived by all parties. The issue of forfeiture Shall be bifurcated from the criminal trial and after conviction UNLESS tried waived by all the parties. ")

74 Same.

75 Health & Safety Code 11488.5 (d) (1) - (2). ("(D) (1) At the hearing, the state or the local governmental entity Shall Have the burden of Establishing, pursuant to subdivision (i) of Section 11488.4, That the owner of any interest in the Seized property consented to the use of That property with the knowledge it would be or was used for a purpose for Which forfeiture is permitted, in Accordance With The Burden of Proof Set forth in subdivision (i) of Section 11488.4. (2) No interest in the Seized Property Shall Be Affected by decree to forfeiture under section esta UNLESS the Local or state governmental entity has proven That the owner of That interest consented to the use of the property with knowledge That it would be or was used for the purpose charged. Forfeiture Shall be ordered when, at the hearing, the state or the local governmental entity has shown That the assets in question are subject to forfeiture pursuant to Section 11470, in Accordance With The Burden of Proof Set forth in subdivision (i) of Section 11488.4. ")

76 Health & Safety Code 11488.4 (i) HS. ("(I) (1) With respect to property Described in subdivisions (e) and (g) of Section 11470 for Which is Sought forfeiture and forfeiture as to Which is contested, the state or the local governmental entity Shall Have the burden of proving Beyond a Reasonable Doubt That the property for forfeiture Which is Sought was used, or Intended to be used, to Facilitate a violation of one of the Offenses enumerated in subdivision (f) or (g) of Section 11470. (2) In the case of property Described in subdivision (f) of Section 11470, except cash, negotiable instruments, or other cash equivalents of a value of not less than twenty-five thousand dollars ($ 25,000), for Which forfeiture is Sought and as to Which forfeiture is contested , the Local or state governmental entity Shall Have the burden of proving beyond a reasonable doubt That the property for forfeiture Which is Sought meets the criteria for forfeiture Described in subdivision (f) of Section 11470.... (4) In the case of property Described in subdivision (f) of Section 11470 That is cash or negotiable instruments of a value of not less than twenty-five thousand dollars ($ 25,000), the state home or governmental entity Shall Have the burden of proving by clear and convincing evidence That the property for forfeiture Which is Sought Is Such as is Described in subdivision (f) of Section 11470. There is no requirement for forfeiture That a criminal conviction thereof be Obtained in an underlying or related criminal offense. ")

77 Penal Code 186.1. ("The Legislature hereby declare That Finds and an effective Means of punishing and deterring criminal activities of organized crime is Through the forfeiture of profits acquired and accumulated as a result of Such criminal activities. It is the intent of the Legislature That the" California Control of Profits of Organized Crime Act "be used by Prosecutors to punish and deter only such activities.")

78 Penal Code 186.3 (a) PC. ("(A) In any case in Which a person is Alleged to Have Been engaged in a pattern of criminal profiteering activity, upon a conviction of the underlying offense, the assets listed in subdivisions (b) and (c) Shall be subject to forfeiture upon proof of the Provisions of subdivision (d) of Section 186.5. ")

79 Same.

80 Penal Code 186.2 (b) (1) PC. ("(B) (1)" Pattern of criminal profiteering activity "Means Engaging in AT LEAST two incidents of criminal profiteering, as defined by esta chapter, That meet the following requirements: (A) Have the same or a like purpose, result , principals, victims, or methods of commission, or are Interrelated by distinguishing Otherwise Characteristics. (B) Are not isolated events. (C) Were Committed as a criminal activity of organized crime. ")

81 Penal Code 186.2 (a) PC. ("(A)" Criminal activity profiteering "Means Committed any act or any threat or Attempted made ​​for financial gain or advantage, act or threat Which May be charged as a crime under any of the following sections: (1) Arson, as defined in Section 451. (2) Bribery, as defined in Sections 67, 67.5, and 68. (3) Child pornography or exploitation, as defined in subdivision (b) of Section 311.2, or Section 311.3 or 311.4, Which May be prosecuted as a felony. (4) Felonious assault, as defined in Section 245 (5) Embezzlement, as defined in Sections 424 and 503. (6) Extortion, as defined in Section 518 (7) Forgery, as defined in Section 470. (8) Gambling, as defined in Sections 337a to 337F, inclusive, and Section 337i, except the activities of a person WHO Participates Solely as an individually bettor. (9) Kidnapping, as defined in Section 207. (10) Mayhem, as defined in Section 203. (11) Murder, as defined in Section 187. (12) Pimping and pandering, as defined in Section 266. (13) Receiving stolen property, as defined in Section 496. (14) Robbery, as defined in Section 211. (15) Solicitation of crimes, as defined in Section 653f. (16) Grand theft, as defined in Section 487. (17) Trafficking in controlled substances, as defined in Sections 11351, 11352, and 11353 of the Health and Safety Code. (18) Violation of the laws Governing corporate securities, as defined in Section 25541 of the Corporations Code. (19) Any of the Offenses Contained in Chapter 7.5 (Commencing With Section 311) of Title 9 Relating to obscene matter, or in Chapter 7.6 (Commencing With Section 313) of Title 9 Relating to harmful matter That May be prosecuted as a felony. (20) Presentation of a false or fraudulent claim, as defined in Section 550 (21) False or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code. (22) Money laundering, as defined in Section 186.10. (23) Offenses Relating to the counterfeit of a registered mark, as specified in Section 350. (24) Offenses Relating to the unauthorized access to computers, computer systems, and computer data, as specified in Section 502. (25) Conspiracy to commit any of the crimes listed above, as defined in Section 182. (26) Subdivision (a) of Section 186.22, or a felony subject to enhancement as specified in subdivision (b) of Section 186.22. (27) Any Offenses related to fraud or theft Against the state's beverage container recycling program, treats including, but not limited to, Those Offenses specified in esta subdivision and criminal Those Offenses specified in the California Beverage Container Recycling and Litter Reduction Act, Commencing at Section 14500 of the Public Resources Code. (28) Human trafficking, as defined in Section 236.1. (29) Any crime in Which you induce the perpetrator, encourages, or persuade a person under 18 years of age to engage in a commercial sex act. For purposes of paragraph esta, a commercial sex act Means any sexual conduct on account of anything of value Which is Given or received by any person. (30) Any crime in Which the perpetrator, Through force, fear, coercion, deceit, violence, duress, menace, or threat of unlawful injury to the victim or to another person, causes a person under 18 years of age to engage in a commercial sex act. For purposes of paragraph esta, a commercial sex act Means any sexual conduct on account of anything of value Which is Given or received by any person. (31) Theft of Personal identifying information, as defined in Section 530.5. (32) Offenses Involving the theft of a motor vehicle, as specified in Section 10851 of the Vehicle Code. (33) Abduction by fraudulent inducement or procurement for prostitution, as defined in Section 266a. ")

82 Penal Code 186.2 (d) PC. ("(D)" Organized crime "Means That crime is of a conspiratorial nature and That Is either of an organized nature and seeks to supply illegal goods and services: such as narcotics, prostitution, loan-sharking, gambling, and pornography, or That , Through planning and coordination of Individual Efforts, seeks to conduct the illegal activities of arson for profit, hijacking, insurance fraud, smuggling, vehicle theft rings operating, fraud Against the beverage container recycling program, systematically or encumbering the assets of a business for the purpose of Defrauding creditors. "Organized crime" also Means Crime Committed by a criminal street gang, as defined in subdivision (f) of Section 186.22. "Organized crime" also Means false or fraudulent activities, schemes, or artifices, as described in Section 14107 of the Welfare and Institutions Code, and the theft of Personal identifying information, as defined in Section 530.5. ")

83 Same.

84 Penal Code 186.2 (a) PC.

85 Penal Code 186.3 PC. ("(A) In any case in Which a person is Alleged to Have Been engaged in a pattern of criminal profiteering activity, upon a conviction of the underlying offense, the assets listed in subdivisions (b) and (c) Shall be subject to forfeiture upon proof of the Provisions of subdivision (d) of Section 186.5. (b) Any property interest Whether tangible or intangible, acquired Through a pattern of criminal profiteering activity. (c) All proceeds of a pattern of criminal profiteering activity, Which property Shall include all things of value That May Have Been received in exchange for the proceeds Immediately derived from the pattern of criminal profiteering activity. ")

See also Criminal Code 186.5 (d). ("(D) At the forfeiture hearing, the prosecuting agency Shall Have the burden of Establishing beyond a reasonable doubt That the defendant was engaged in a pattern of criminal profiteering activity and That the property in the petition Alleged eat Within the Provisions of subdivision ( b) or (c) of Section 186.3. ")

86 Penal Code 186.4 (a) PC. ("(A) Shall The prosecuting agency, in conjunction with the criminal proceeding, file a petition of forfeiture With the superior court of the county in Which the defendant has-been charged With the underlying criminal offense, That Which Shall allege the defendant has engaged in a pattern of criminal profiteering activity, Including the chargeable Threats or acts as crimes and the forfeitable property pursuant to Section 186.3. The prosecuting agency Shall make service of process of a notice Regarding That petition upon every single WHO May Have a property interest in the Alleged proceeds, Which notice Shall state That any interested party May file a verified claim With the superior court Stating the amount of Their Claimed interest and an affirmation or denial of the prosecuting agency's allegation. If the notices can not be Given by registered mail staff or delivery , the notices Shall Be at Least published for three successive weeks in a newspaper of a general circulation in the county Where the property is located. If the property Alleged to be subject to forfeiture is real property, the prosecuting agency Shall, at the time of filing the petition of forfeiture, record a lis pendens in each county in Which the actual property is situated Which Specifically actual Identifies Alleged to the property be subject to forfeiture. The judgment of forfeiture Shall Not Affect the actual interest in property of any third party Which was acquired prior to the recording of the lis pendens. ")

87 Penal Code 186.5 PC. ("(A) Any person claiming an interest in the property or proceeds may, at any time Within 30 days from the date of the first publication of the notice of seizure, or Within 30 days after receipt of actual notice, file With the top court of the county in Which the action is pending to claim verified Stating his or her interest in the property or proceeds. A verified copy of the claim Shall Be Given by the claimant to the Attorney General or district attorney, as Appropriate. (b) (1) If, at the end of the time set forth in subdivision (a), an interested person, other than the defendant, you have not filed a claim, the court, upon motion, Shall declare That the person has defaulted upon his or Alleged her interest, and It shall be subject to forfeiture upon proof of the Provisions of subdivision (d). ")

88 Same. ("(C) (1) The forfeiture proceeding Shall be set for hearing in the superior court in Which the underlying criminal offense will be tried. (2) If the defendant is found guilty of the underlying offense, the issue of forfeiture Shall Be promptly tried, Either before the same jury or before a new jury in the discretion of the court, UNLESS waived by the consent of all parties. ")

89 Same. ("D) At the forfeiture hearing, the prosecuting agency Shall Have the burden of Establishing beyond a reasonable doubt That the defendant was engaged in a pattern of criminal profiteering activity and That the property in the petition Alleged eat Within the Provisions of subdivision (b ) or (c) of Section 186.3. ")

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