Asset & Property Seizures in San Diego
& Finding an Asset and Property Seizures Lawyer
Asset forfeiture is a process whereby the government can seize assets that it alleges are associated with criminal activity. The most common type of asset forfeiture is civil asset forfeiture, which allows the government to seize assets without convicting the owner of a crime. In many cases, the asset owner does not even need to be charged with a crime for their assets to be seized. Asset forfeiture laws in San Diego have been criticized for giving the government too much power and for violating the rights of innocent people. However, supporters of asset forfeiture argue that it is an effective tool for combating crime.
To initiate an asset forfeiture proceeding, the government must first allege that an asset is involved in criminal activity. The burden of proof in these cases is relatively low. The government needs only to show there is a “preponderance of evidence” that the asset is connected to the crime. Once the government has made this showing, the asset owner has to prove their property is not connected to any criminal activity. If they cannot do so, the asset will be forfeited to the government.
Asset forfeiture proceedings are typically handled by civil courts rather than criminal courts. This means defendants do not have many of the same rights they would in a criminal trial, such as the right to a jury trial or the right to confront their accusers. As a result, many people who have had their assets seized by the government feel they have not been given a fair chance to defend themselves.
The most commonly seized assets include:
- Cash. This is by far the most common type of asset seized by the government, typically in bank accounts or bundles of cash found during searches.
- Vehicles. Cars, trucks, boats, and other vehicles can be seized if they are believed to have been used in a crime.
- Real estate. Homes, buildings, and land can be seized if they are believed to be involved in criminal activity. This includes property that is used as a drug house or for money laundering.
- Firearms. Guns such as pistols, rifles, and shotguns can be seized if they are believed to be involved in criminal activity that will be prosecuted federally.
Any number of these assets can be seized by the government, even if they are not directly involved in the commission of a crime. For example, if the government seizes a vehicle used to transport drugs, it may also seize the cash in the vehicle at the time, even if it is not alleged that the cash was used to purchase the drugs.
Asset forfeiture in San Diego can have serious consequences for both individuals and businesses. For individuals, it can result in the loss of property, money, and even custody of children. For businesses, it can lead to the closure of operations and the loss of jobs. In some cases, asset forfeiture can also lead to criminal charges being filed against the property owner. Therefore, it is important to consult with an attorney before taking any action if you believe your assets may be subject to forfeiture.
If the government seizes your assets, trying to get them back can be a complicated and frustrating process. However, there are a few things you can do to improve your chances of success:
- Hire a San Diego attorney who specializes in asset forfeiture. Discuss your case with them to analyze exactly what happened and what the government’s evidence against you is. This can uncover any weaknesses in the government’s case and help you determine your best course of action.
- Gather evidence to support your claim that your assets are not connected to any criminal activity. This can include receipts, bank statements, and anything else showing that you acquired your assets through legitimate means. Connecting the dots between your assets and criminal activity will make it much more difficult for the government to prove its case against you.
- Be prepared to fight for your assets. The process of asset forfeiture is often lengthy and complicated, and it can be easy to get discouraged. However, expecting a long and difficult battle can help you stay focused and motivated to fight for your property.
Delia Law Can Help You Fight Asset Forfeiture
If you have had your assets seized by the government, it is important to consult with an experienced asset forfeiture attorney as soon as possible. The risks and consequences of asset forfeiture are too significant to try to handle the case on your own.
At Delia Law, we have extensive experience handling asset forfeiture cases, and we can help you fight to get your property back. We have the innate ability to see the weaknesses in the government’s case and relentlessly fight for our clients. With years of experience in both state and federal courts, we know every law and every loophole that can be used to your advantage.
Don’t let the government take your hard-earned assets without a fight. Contact Delia Law today.
California-Specific Tax Laws
California residents are subject to some of the highest taxes in the nation. The same applies to businesses operating in the state or people living outside of California but earning income from the state.
There are four main types of taxes in California:
- State income tax. For state tax in California, the tax rate for those filing as a married couple range from 1% to 12.3%, depending on the income bracket. If you make under $18,650, you are only required to pay 1% of your income in state taxes. However, the other end of the spectrum imposes a 12.3% tax rate on annual salaries of $1,250,739 or higher. There is also a 1% mental health service tax that is imposed on anyone making more than a million dollars a year.
- Local tax. At the local level, the amount you pay locally depends on the county and city in which you reside. There are a total of 58 counties in California, each with its own tax rate. For example, in El Dorado County, the tax rate is 0.25%, while in Orange County, the tax rate is also 0.25%, but with an additional 1.5% added in for local school taxes.
- Corporate tax. The corporate tax rate in California is 8.84%, which is higher than average nationally. These taxes are imposed on the majority of businesses, regardless of whether they are based in California or operate in the state.
Sales tax. In terms of sales tax, there is a statewide rate of 7.25%, which is again higher than average. However, some areas have rates as high as 10%. These taxes are generally imposed on retail items. Residents and shoppers of the state do get relief from sales tax on some essential items, such as no tax on groceries and prescription drugs, as well as reduced tax rates on clothing, prepared food, and over-the-counter medications.
