Property that is forfeitable
Any California offense that involves marijuana or other drugs subjects the accused to asset forfeiture. Asset forfeiture is a term used to describe the confiscation of property, by the government, which were either proceeds of crime or were the instrumentalities of a crime. “Instrumentalities” of a crime are property that was used or intended to be used to facilitate a crime, for example cars used to transport marijuana. In order to seize property, the government must show, based only on a “reasonable” connection, that the property is linked to illegal activity. It is fairly easy for the government to make this connection, and one doesn’t even need to be convicted (or even charged) with an actual crime before he or she may be subject to these proceedings. There are a number of different types of asset forfeiture proceedings (non-judicial, civil and criminal), all with their own rules and complex issues, which is why it is so important for an individual who has been accused of a marijuana-related offense to immediately contact the skilled California criminal defense lawyers at The Kavinoky Law Firm who are dedicated to protecting their client’s rights and property.
To fully understand asset forfeiture proceedings, one must first understand what property is subject to government forfeiture. Forfeiture laws apply to any property that can be linked to an illegal substance. Property is forfeitable that is “per se” illegal, which includes marijuana or any other controlled substances that are illegally possessed, transferred, sold or offered for sale and any dangerous, toxic or hazardous raw materials or their products or containers.
Property that is forfeitable with respect to marijuana use also includes cars, boats, airplanes or any other vehicles that were used or were intended to be used to transport marijuana, or equipment or any other materials that are/were used to manufacture, produce, import, deliver, export, sell or use the drug. Property also includes any of the equipment (including paraphernalia) or other materials that were involved in the offense.
Asset forfeiture also applies to any books, research materials, personal records, tapes, videos, etc. that contain information that was used or was intended to be used in connection with any marijuana-related offense. Any money, stocks or any other thing of value that was furnished or was intended to be furnished or that was received or intended to be received in exchange for any marijuana may also be seized and subject to these proceedings, if the government can simply “reasonably” trace the money or other thing of value to the transaction. On that note, any property that was purchased with that money is also forfeitable.
Forfeiture, relating to marijuana, also includes real property (houses, buildings, or facilities) if the illegal activity took place on those premises, under certain conditions. If one’s home is either occupied by others who were not involved in the criminal activity or also acts as a family residence, the property may not be subject to forfeiture, if an experienced criminal attorney can make a convincing argument that such is the case.
This article is by no means an exclusive list of all of the property that may be forfeited by the government, but is an example of the most commonly seized types of property subject to forfeiture when marijuana-related activities are involved. The best way to defeat an asset forfeiture and to protect one’s property is to contact one of the knowledgeable, well-qualified attorneys from The Kavinoky Law Firm. They have mastered this area of the law, specifically as it pertains to drug offenses, and know the most compelling arguments and evidence to present to convince the government that their client’s property shouldn’t be subject to forfeiture. To learn more, contact these outstanding attorneys today for a free consultation.
