Call Our Drug Forfeiture Lawyers at Roberts|Elliott Law Corp- Loss of Assets – Property Confiscation – Drug Crimes
Phone: (408) 275-9800
Based in San Jose California, the Drug Forfeiture Lawyers at Roberts & Elliott Law Corp. represent individuals throughout Santa Clara County, the Bay Area and California, who have had property confiscated by the police or government because of its alleged use or affiliation with a drug charge. Our forfeiture experts handle both state and federal criminal drug forfeiture actions.
We have the experience, resources, reputation, and a track record of success in defending clients against government or police property forfeitures due to any drug charges. Our attorneys have written articles on civil drug asset forfeiture proceedings. For more detailed information about why you should retain us, please visit our About Us page.
Skilled San Jose California Drug Forfeiture Law Attorney
Believe it or not, but police and law enforcement agencies make money when they seize your property used to facilitate an alleged drug crime. Moreover, innocent people can have their property taken, for example a plane chartering company lost its plane because it was chartered by a drug dealer.
Our Drug Forfeiture Law Attorneys were among the first lawyers in the Santa Clara County area to defend someone against a government asset forfeiture because of drug charges. With over 60 years of combined experience, our skilled drug charge defense lawyers understand how to properly represent you against property confiscation by the police or government because of state or federal drug charges.
A forfeiture proceeding is a civil action or proceeding, even if brought as part of a criminal case.
There are many grounds for forfeiture of assets, including money, personal property ( like cars and boats ) and even real property, under California and Federal Law.Drug activity based forfeiture is the most common basis of asset forfeiture.
Under California Law, with certain exceptions, California Health and Safety Code (H&S) 11740(f) provides that the following are subject to forfeiture as it pertains to drug activity:
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, [and] all proceeds traceable to such an exchange.
All moneys, negotiable instruments, or securities 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 (the Health and Safety Code), or Section 182 of the Penal Code, or a felony violation of (Health and Safety Code) Section 11366.8, 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.
With certain exceptions, California Health and Safety Code (H&S) 11740(e) provides that the following is subject to forfeiture:
“The interest of any registered owner of a boat, airplane, or any vehicle…which has been used as an instrument to facilitate the manufacture of, or possession for sale or sale of…[varied minimum amounts of:] heroin or cocaine base…a substance containing…heroin or cocaine base…Schedule I controlled substances…cocaine…or methamphetamine a substance containing cocaine…or methamphetamine, or Schedule II controlled substances”.
With certain exceptions, California Health and Safety Code 11470(g) provides that the following is subject to forfeiture: “The real property of any property owner who is convicted of violating Health and Safety Code Section (H&S) 11366, 11366.5, or 11366.6 with respect to that property.”
Forfeiture may also result from other activities, including, illegal harboring of aliens, copyright infringement, mail fraud, bank fraud, identity theft, heath care fraud, counterfeiting, gambling, smuggling, and prostitution.
Contraband is always subject to forfeiture and or destruction.
If you have had property confiscated because of alleged ties to illegal drug activity, you need to contact an attorney that will aggressively pursue your property and protect your rights.
Contact Our San Jose California Drug Forfeiture Law Attorney
We invite you to schedule a free confidential consultation with our experienced drug forfeiture lawyer by calling us at 408-275-9800 , e-mailing us , or filling out our intake form on our Contact Us page.
You can also obtain some general information about criminal law, including drug offenses, or the criminal process, by visiting our criminal Information page, our Criminal Law Information page, and our Criminal Trial Process page. We are here to help you.