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San Francisco Asset Forfeiture Attorney

Legal Representation in San Francisco for Government Asset Seizure and Civil Forfeiture Matters.

Asset Forfeiture Lawyer Nationwide

 

Many people do not believe they will ever require an asset forfeiture attorney in San Francisco, as they can not conceive of an incident where law enforcement officials wrongfully or unjustly seize their money or belongings.

Even if you are a law-abiding citizen, and more so if you fall short of the two previously mentioned criteria, individuals often wrongly believe they can negotiate with law enforcement officers often to avoid asset confiscation.

 

What Is Asset Forfeiture?

Property forfeiture is the confiscation of a home, money, or other valuables by the United States Federal Government, the State of California, or another governmental entity when these assets are suspected of being either the earnings of criminal activity or instruments used in illegal activity.

Currently, asset forfeiture might occur regardless of whether a conviction ever happens. As an asset forfeiture lawyer in San Francisco, the Law Office of Valery Nechay may be able to help you retain or regain your personal property.

Retaining a Forfeiture Lawyer to Recover Your Seized Property

If you are suspected of a crime, you may require a forfeiture lawyer to ensure you keep possession of your property. Typically, the procedure begins with partial or whole residential or commercial property confiscation. This can occur with or without a warrant, depending upon the scenario.

Although criminal and civil forfeit laws are different, both are predicated on the concept that the forfeitable properties were earned from or contributed to criminal activity. Since civil loss does not require a criminal conviction where a criminal forfeit does, the practice has been highly criticized as a constitutional infringement and a violation of personal property rights.

Some of the properties a criminal defense and asset forfeiture lawyer in San Francisco can protect include the following:

  • Cash

  • Investment Accounts

  • Jewelry

  • Professional Licenses

  • Real Estate

  • Vehicles

Where a criminal asset forfeiture is enforced for the property’s supposed inclusion or purchase from illegal means, the reasons for a civil asset forfeiture case are a bit vaguer. This is why an attorney familiar with civil matters would be helpful.

Understanding Asset Forfeiture and Their Types

According to Federal law, there are three different types of asset forfeitures. Each type involves different scenarios due to which federal agencies have the right to seize one’s property without judicial involvement.

There are three types of asset forfeiture.

  1. Administrative Forfeiture
  2. Criminal Forfeiture
  3. Civil Forfeiture

 

What is Administrative Forfeiture?

The administrative forfeiture process involves seizing properties without being involved in judicial proceedings. The specific types of properties include

  • Importation of prohibited merchandise.
  • Transport, controlled substance, or a monetary instrument.
  • Any other property under $500,000 in value.

What is Criminal Forfeiture?

Seizing a property due to a criminal offense charge or conviction is criminal forfeiture. It is an action against the defendant and requires a government order to forfeit the property.

What is Civil Forfeiture?

Civil asset forfeiture is the act of property seizure from law enforcement agencies under forfeiture laws. The property seized by civil forfeiture actions is believed to be used for or involved in any crime. That’s why law enforcement agents can take it even if there is little evidence.

Unlike criminal forfeiture, where the government seizes property as per the criminal charges or as a part of one’s sentence after a conviction, civil forfeiture doesn’t look at the details – at first. That’s why many civil cases involving asset forfeiture are of innocent property owners.

Handing off your hard-earned money and being unable to take it back from the federal and state courts is a tiring and shocking situation. However, having a civil asset forfeiture lawyer who understands federal forfeiture statutes and knows how to move forward with civil asset forfeiture proceedings can help you a ton.

Thanks to advancements in asset forfeiture laws, an experienced civil asset forfeiture attorney with the capabilities to represent facts from your bank accounts and give you the best legal advice can help you get back your hard-earned property without being worried about it.

 

Civil Asset Forfeiture California

There has been a growing trend where civil asset forfeiture California procedures are directed toward taking the incentive out of committing further criminal acts. Unfortunately, these proceedings often go too far. For example, the currency is often confiscated by Federal Agents at the airport or borders according to the following provisions:

  • Title 31 U.S.C. 5316 regarding reports on exporting and/or importing monetary instruments
  • Title 31, United States Code (U.S.C.) section 5317 regarding search and forfeiture of monetary instruments
  • Title 31 U.S.C. 5332 is about bulk cash smuggling

An efficient asset forfeiture defense requires a skilled attorney who understands lengthy and intricate procedures and deadlines. The right asset forfeiture attorney in San Francisco will offer proper advice and thorough representation.

 

Contact the Law Office of Valery Nechay Today

If you are facing asset forfeitures or your properties have been forfeited, contact the Law Office of Valery Nechay for a confidential assessment of your forfeited property. We are experienced in dealing with forfeiture and money laundering cases and can provide you with the best legal advice and representation.

Our lawyers understand the constraints of federal and local law enforcement statutes and know how to move a case forward. We help our clients regain their hard-earned property without worrying about criminal prosecution or oppression of property owners.

Contact us today for a consultation on your property stolen by the government and get back what’s yours!

CLIENT REVIEWS
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meyermexx
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I found Valery through a Google search after an issue arose with my employer. Choosing a high-profile criminal defense attorney for a labor matter was unconventional, but it proved to be the best decision I could have made. From our initial consultation, Valery demonstrated genuine care for both my case and my well-being. She represented me skillfully, compassionately, and was consistently accessible. What began as a labor defense matter evolved into Valery leading my severance negotiations. She consulted with experts and represented me professionally and effectively throughout the entire process. Valery is talented, eloquent, and deeply caring, and I was grateful to have her advocating for my best interests and securing an excellent outcome.
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David S
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If you are reading this review looking for attorneys - times must be tough. However, do not despair - you are considering the legal services of Ms. Valery Nechay. Valery is more than an attorney - she is an advocate, an officer of the court, and a person of principle and honor. When I engaged the legal services of Ms. Nechay in San Francisco for a complex legal matter, I was dealing with a challenging set of circumstances. Every success I have had since that moment was made possible by Valery’s fiercely human advocacy at trial (and through her written legal work). Ms. Nechay (and her staff) kept me well informed of developments in my case regarding the timelines and took my perspective and goals into consideration as she crafted the tactics and legal strategy to advance my legal position. Valery is experienced, dedicated, sharp, and tactful. While there are no guarantees in life (especially not in litigation), retaining the services of Ms. Nechay is unequivocally a good decision. I am deeply grateful for her representation, feel fortunate to have met her, and would hire her again without hesitation.
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Alexander O
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There are many things that can be said of an attorney when one is in a position of need and vulnerability. Valery, is the quintessential ally and you will find no better attorney and advocate than she. I came to Valery at a time when I felt like no one would listen, let alone believe what I had to say when I needed it most. You never have to be nervous of judgment or feel like Valery will be anything but Professional and hear you honestly. I was looking for a Doberman in the courtroom; someone who acted with aggression, but Finesse and I am very grateful to her for the work she did to make sure my life was not irrevocably changed. I can offer no higher recommendation or praise than I do here, if you need to win hirer, Valery Nechay
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David Shupe
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Working with The Law Office of Valery Nechay was a fantastic experience. I initially had some reservations about the higher fees, but Valery’s commitment to excellence and personalized service quickly put me at ease. She confidently explained, “If it were my family member, I would want a boutique defense,” and “Good lawyers are never cheap, and cheap lawyers are never good.” Although I had started with another legal representative, I chose to switch to Valery for her dedicated approach and flexible installment payment options. Valery handled every aspect of my case with professionalism and skill. She navigated the complexities of my legal proceedings, negotiated a very favorable outcome, and ensured that all the necessary steps were taken to resolve my situation completely. I am extremely grateful for her expertise and highly recommend her services to anyone in need of thorough, compassionate, and effective legal representation.
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Heather Kenna Hall
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Valery was truly phenomenal in her support and guidance to me in an unfortunate accidental legal situation involving what was technically a felony crime on my part. Having never been in trouble with the law before, she was especially kind and supportive to me, and was successful in getting my charges dismissed. Valery is my savior and has my wholehearted endorsement.
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Greyson Olson
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In September 2023, my brother (25, from Arizona) got arrested (in San Francisco, California) after attempting to enter a conference within a community both of us grew up in and have been apart of since 2008. His car keys were knocked out of his suit pants during a tackle incident at the security clearance after he had trouble leaving when asked. According to my brother there was a misunderstanding of an email conflicting with him not being invited to the conference. After being tackled and handcuffed, he told the officers he had a concealed firearm in his vehicle, 5 minutes away, as he felt it was a danger for his keys to be off of his person. I was at this conference, and saw some of this happen live. My peers in our place of work were laughing, and making memes about this for months. There are many videos and pictures of the whole ordeal. They put 6 charges on him that night, including "possession of armor piercing ammunition" and "high capacity magazines" The SF media created a narrative off of the charges and the prosecution ran with it moving to deny bail within the first week, just as my family was even beginning to cope with this new reality. Public consensus of the incident caused a rift in the community between those who knew him for years prior and know he would never do what was being inferred by the media, and those who didn't know him and were led to believe it. Our family used this as fuel to ensure we stuck with this case mentally and financially, no matter how hard it felt and how much of an uphill battle it was at times. We went through two public defenders, and another private attorney before landing on Nechay Law in late March 2024. Nechay tried many angles of defense for this non violent gun storage charge. All previous charges except "having a concealed firearm in a vehicle" were wiped, and the remaining was moved to a misdemeanor which a change of plea got him out of jail after 1 year, 4 days. The prosecution was going for conviction on the felony level to get him 6 years, based upon the narrative they shaped up. Nechay (even after 7 months of other attorneys handling the case) was able to reverse and put to rest the previously life ruining, retribution hungry narrative. The best scenario out of all of this is he will be getting more familial attention and help to deal with previous traumas such as a car crash that totaled his very expensive car, two home break-ins, and his business faltering. Rebuilding for him will be a hard but rewarding journey, and Nechay has allowed that second chance of the sanctity of life to happen through her expertise. I cannot recommend enough. Our family is eternally grateful for Valery and her firm's service.
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Kristina Delevi
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I can't recommend Valery Nechay enough as an attorney. Her knowledge in so many areas of the law is truly impressive. She went above and beyond to make sure every detail was covered, and I always felt supported and informed throughout the whole legal process. Even with her busy schedule, Valery always found time to answer my questions, no matter how small. She made me feel like I was in the hands of someone who genuinely cares and knows her stuff. Valery is not just knowledgeable and dedicated, but also incredibly compassionate. I'm so grateful for everything she did for me.
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Thank you so much, Valery for your genuine kindness in answering my call by listening to my concern, and directing me to the next steps with my stressful situation. I'm forever grateful for your time.
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At the heart of The Law Offices of Valery Nechay is the belief that everyone deserves a criminal defense regardless of what they have been accused of. Contact Valery Nechay, the top criminal lawyer in San Francisco and the Bay Area, to begin your criminal defense today.