Legal Question in Criminal Law in California

Re: how long

The first step is to file a "Claim Opposing Forfeiture" with the court. Next, a hearing date will be set by the court. At the hearing, you will have to demonstrate the source of the money. You must show that the funds came from some source other than criminal activity.

Be aware, the D.A. has an incentive to take your money. The county will get a portion if it is forfeited. If you have not received a "Notice Of Forfeiture" from the D.A., you must find out whether the funds are going to be forfeited or not. Call the D.A. office. If they are not initiating forfeiture proceedings, ask for a "Request for Return of Property" form.

Do not trust the D.A. office to protect your rights. You must act. You have 30 days from the date of the "Notice of Forfeiture" to file your "Claim Opposing Forfeiture". The entire amount of time for all of this depends on the D.A., the Court, you and the circumstances of the case. Act quickly!