Forfeiture is the taking by the government of property (without compensation)
that was used in connection with certain kinds of criminal activity. Forfeiture
laws allow the federal and state governments to
seize personal property and assets (e.g., the suspect's house, car, boat, cash, etc.) that have been
used in the commission of a crime.
California narcotics asset forfeiture law is contained in Health and Safety
Code Sections 11469 to 11495. California also has criminal profiteering
forfeiture provisions (California Penal Code Sections 186 to 186.8) that
cover assets acquired through a pattern of criminal profiteering activity.
These provisions are similar to those contained in Health and Safety Code
Sections 11469 to 11495.
Forfeiture actions are civil actions and are brought directly against the
property. If a claimant fails to file a claim within the time periods
prescribed by law, he or she permanently gives up the right to defend
against the forfeiture.