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Forfeitures Process

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Forfeiture cases involve the taking of a person’s property by a Government Agency based on an alleged criminal violation. By seizing property, the Government starts the forfeiture process and the Government’s goal is to keep the property. Crimes that form the basis for a forfeiture include such crimes as possession for sale of drugs, drug transportation, white collar crimes and other alleged crimes. The forfeiture process is “quasi criminal.” In other words, although it is a civil case, the forfeiture is based on an alleged violation of the criminal law. This unusual nature of forfeiture cases makes the process complicated since it involves civil, criminal and administrative rules and regulations. The Firm has gained vast experience in dealing with these rules and regulations in forfeiture cases and can effectively fight for the return of your property.

Notice
The Notice of Seizure starts the official forfeiture process. The Notice is usually sent to the owner of the property via certified mail. The Notice contains important legal information such as various rights of the owner to claim the property and deadlines. It is important that you take immediate action once you receive the Notice to defend against the forfeiture.

Deadlines
The owner of seized property typically has only 30 days to make a proper legal response after receipt of the Notice. The government will not extend this deadline. If the deadline passes and the proper legal steps are not taken, the property will be lost. Many people lose their property in forfeiture cases simply because they fail to take the appropriate legal action before the deadline.

Options
In most civil forfeiture cases there are several legal options available to fight for the return of the property. Based on the Firm’s extensive forfeiture experience, we use the best options to maximize the results in our cases.

Settlement
At any stage in the proceedings, settlement is possible. Each Government Agency (DEA, Customs, Border Patrol, Coast Guard, ATF, etc.) has different policies and procedures regarding settlement. The Firm’s knowledge of the law, experience in handling hundreds of forfeiture cases over the last twenty years, and experience with the Government Agents and San Diego criminal attorneys who prosecute forfeiture cases result in excellent recoveries for our clients.

Trial
In the event a case does not settle, The Firm is ready and able to defend your rights to defend the forfeiture case at trial.

Law Offices of James J. Warner
3233 Third Avenue
San Diego, CA 92103
Phone: (619) 243-7333
Fax: (619) 243-7343

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