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County of Colusa District Attorney – Notice Regarding Seizure of Property and Notice of Intended Forfeiture, Health and Safety Code Section 11488.4

COUNTY OF COLUSA DISTRICT ATTORNEY

NOTICE REGARDING SEIZURE OF PROPERTY AND NOTICE OF INTENDED FORFEITURE, HEALTH AND SAFETY CODE SECTION 11488.4

On November 12, 2020, at South bound I-5 north of Husted Road, Williams, officers of the California Highway Patrol and Colusa County Task Force, seized property for forfeiture with respect to alleged violation(s) of Section(s) 530.5, 496, and 470 of the California Penal Code and Section(s) 11379 and 11352 of the California Health and Safety Code. The seized property is described as follows:

Fifty two thousand eight hundred dollars in United States of America currency ($52,800.00)

You are hereby notified that on December 2, 2020 the District Attorney of Colusa County has initiated asset forfeiture proceedings to forfeit the above described property pursuant to Health and Safety Code Section 11488.4.

If you claim an interest to this property, you must, within 30 days of the last publication of this Notice, file a claim stating your interest in the property. You must file this claim in the Colusa County Superior Court located at 532 Oak Street, Colusa, California, 95932.  You must also, within 30 days of filing your claim, serve a verified copy of the claim to the Colusa County District Attorney’s Office, 310 6th Street, Colusa, California, 95932, to the attention of Deputy District Attorney Winston Welch.

Control Number CTF 20-031 has been assigned to this case.  Use this number to identify the property in any correspondence with the Colusa County District Attorney’s Office.

If your claim is properly filed, the District Attorney will decide whether to file a Petition for Forfeiture with the Superior Court to contest your claim. In the case where a Petition is filed and a contested hearing is held you will have the following rights which include but are not limited to: you have the right to use the subpoena powers of the court and order witnesses to attend, you have a right to testify on your own behalf, submit evidence showing the legitimacy of the seized assets, and a right to cross examine the petitioner’s witnesses. This is a civil action, you have the additional right to represent yourself or hire your own attorney, and there is no right to appointed counsel in this case.

The failure to timely file and serve a verified claim stating an interest in the property will result in the property being declared forfeited to the State of California and distributed pursuant to the provisions of the Health and Safety Code Section 11489 without further notice or hearing.

12/09, 12/16, 12/23/2020 – WPR 2020-1559

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