Civil Asset Forfeiture in California – Frequently Asked Questions for Victims

Civil Asset Forfeiture in California – Frequently Asked Questions for Victims

If your money, car, crypto, or property has been seized in California, you are not alone-and
you’re not powerless. Civil asset forfeiture is complicated, but understanding how it works and
what your rights are can make the difference between loss and recovery.

Can police really take my stuff without charging me?

Yes, they can and often do. Under civil asset forfeiture laws, your property is treated as the
“defendant.” The government only needs to suspect a connection to criminal activity to initiate
seizure. You do not have to be charged or convicted.

How long do I have to respond?

Time is critical. You usually have:

    n

  • 30 days to file a claim after receiving a state forfeiture notice (CA
    Health & Safety Code §11488.5).

    • n

  • 30 days for federal seizures
    (DEA, CBP) to respond via e-forms or petitions.

    • n

Miss the deadline, and your property may be permanently lost by default.

Do I need a lawyer, or can I fight it myself?

You can file your own claim, but forfeiture cases are highly technical and full of traps. Public
defenders are not assigned in civil proceedings. Private counsel dramatically improves success
odds.

How do I prove my property is innocent?

Gather as much documentation as possible:

  • Receipts or invoices
  • Bank withdrawal logs
  • Sworn affidavits from witnesses
  • Titles or registrations (cars, houses, devices)

It’s your burden to prove the property was lawfully acquired and not knowingly used in a
crime.

What if I didn’t know someone else was doing something illegal with my property?

This is where the “innocent owner” defense comes in. You must show you
had no knowledge of the illegal use and didn’t consent to it. This is hard-but not impossible.
Courts have sided with parents, landlords, and spouses who had no connection to the
underlying activity.

What happens if I win?

Your property will be returned. However, in most cases, you will not be
compensated for the lost time, damage, or legal fees-unless the court finds the government
acted without probable cause.

Can I get my crypto or bank account back too?

Yes. Cryptocurrency, digital wallets, and frozen bank accounts are subject to the same
forfeiture rules. Many cases involve tracing crypto wallets or accounts flagged by suspicious
activity monitoring. We’ve helped clients get Bitcoin, ETH, and large fiat returns from agencies
like the IRS and FBI.

More Help and Real Examples

  • Articles page – tactical breakdowns for
    airport seizures, crypto forfeitures, and innocent owner defenses.
  • Resources page – includes deadlines,
    claim forms, and links to agency procedures.
  • ACLU Victim Stories – read about Californians who fought back and
    won.

Conclusion: Information is Power

The government counts on victims not knowing their rights. Don’t fall into that trap. Use
every tool at your disposal, and demand fair treatment. The law is complicated-but we know it
inside and out.

Call to Action

If you’re staring down a forfeiture deadline, don’t wait. Call 330-720-0398
or visit our Contact page to get help. We’ll
evaluate your case for free-and show you what real defense looks like.