attorney at law
What Happens After a State Seizure?
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When your money is seized you receive a "Field Receipt" stating what what seized (it may says U.S. Currency subject to count). If it was seized from the mail, tracking will say "POLICESEIZED". What happens next depends on how much money was seized. If less than $25,000.00 was seized you will get a Notice of Administrative Proceedings in the mail within 1 year. If more than $25,000.00 was seized the DA will file a Petition for Forfeiture and serve it on you via mail within one year. Once we received service we then have 30 days to properly file a MC-200 Claim form, and then an Answer. The case then proceeds as a superior court civil case with discovery, depositions, and ultimately the right to a jury trial.
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State Notice of Forfeiture Example:
What if I don't get a Notice of Seizure?
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Notice may have been sent to an old address, or lost in the mail. Service can be perfected by publication. If the District Attorney publishes notice, you have 30 days from the last day of publication of the notice to file a claim. If you don't file a claim the District Attorney may enter a default in your case, after which a court order to forfeit the property would issue.
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You can look up your case on:
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Search by County, then select "Government" and then "Seizure Notice". Look in different date ranges to find your case.
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How does a State Forfeiture work? Here is a chart of the state case process (Click to Expand):
WHAT IS THE BURDEN OF PROOF FOR FORFEITURE CASES IN CALIFORNIA?
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Under California law, civil asset forfeiture is governed by the Health and Safety Code, particularly sections 11469 to 11495. People v. Superior Court (Plascencia), 103 Cal. App. 4th 409.The key provisions relevant to the amount of cash that can be carried without forfeiture concerns are as follows:
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1.For cash amounts less than $25,000, the People must prove beyond a reasonable doubt that the cash is the proceeds of a drug transaction or was intended to be or was actually used to buy drugs or facilitate drug crimes.
2.For cash amounts in excess of $25,000, the state or local governmental entity must prove a violation of specific drug-related offenses as outlined in the Health and Safety Code.
3.For property other than cash, negotiable instruments, or other cash equivalents valued at not less than $40,000, the burden of proof is on the state or local governmental entity to prove beyond a reasonable doubt that the property meets the criteria for forfeiture.
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