People v. $2,709 United States Currency

The People may initiate a civil proceeding to forfeit seized cash or its equivalent connected to drug trafficking. (Health & Saf. Code, §§ 11488.4, subd. (a), 11470, subd. (f).) When the amount to be forfeited is less than $25,000 in value, the property’s owner must be convicted of a drug crime and “the issue of forfeiture shall be tried in conjunction” with the related criminal case. (§ 11488.4, subd. (i)(5); see id., subd. (i)(2), (3).) Does the rule requiring simultaneous trial apply when the defendant enters a plea to the criminal charges? We conclude it does not, and affirm the forfeiture of cash in this case.

FACTUAL AND PROCEDURAL BACKGROUND

After Donna O. Bradford (Defendant) was found in possession of cocaine and $2,709 in cash, the People initiated two proceedings: (1) the People charged her with two felony counts of possessing cocaine for sale (§ 11351.5) and alleged she was on bail at the time of the second count (Pen. Code, § 12022.1), and (2) the People filed a petition in court to forfeit the $2,709 in cash (§§ 11488.4, subd. (a), 11470, subd. (f).) The People served Defendant (through her counsel) with requests for admissions regarding the ownership and…