Legal Question in Criminal Law in California

Re: Seizure of property before indictment?

Yes. Then, assuming you are dealing with what's called criminal asset forfeiture (as opposed to civil forfeiture) if you are exonerated of the charges you should get the property back. If convicted, it is unlikely you will get it back.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Seizure of property before indictment?

There are various asset forfeiture and seizure laws that would allow authorities to do so if related to

crimes like drug sales, etc. Now, if this has happened, or is threatened, feel free to contact me if serious about getting legal help dealing with the situation and with the criminal defense that logically will be necessary.

Re: Seizure of property before indictment?

There are two different kinds of seizure. The police can seize property that is evidence of the crime they're investigating. There are specific motions to return the property your attorney can file.

There can also be seizure of property in asset forfeiture proceedings. If the police (and DA) believe the property they seize was either used to commit a crime or was purchased using money from illegal sources, they can seize the property and begin asset forfeiture proceedings. The owner of the property must be given notice and a hearing. The government must be able to prove the property isn't legitimately owned. For example, I have seen cases where the police did a drug raid and found drugs and cash. Obviously, they would take the drugs as evidence. They would also take the cash and file asset forfeiture against it, claiming it was from the sales of drugs. They have also taken flat screen TVs, stereo equipment and cars if the person doesn't have a source of income to explain how they can afford all the equipment.

Re: Seizure of property before indictment?

Sorry, I have NO idea what you are trying to ask.