Civil Asset Forfeiture

In a civil forfeiture case, the government sues the property itself rather than the owner. The legal standard for the state to keep what it took is far lower than what is required for a criminal conviction.

In Texas, prosecutors only need to prove by a preponderance of the evidence that the property was used in, or proceeds from, certain criminal activity. That is why so many forfeitures go unchallenged: most owners do not realize they have a right to fight, and the deadlines are short.

If you find yourself in this situation, do not assume the seizure is a done deal, or that the criminal case and the forfeiture case are the same thing. They are separate proceedings with separate rules and separate deadlines.

• Cash and bank accounts
• Vehicles, boats, and recreational property
• Real estate (homes and rental properties)
• Firearms and high-value personal property
• Jewelry and electronics
• Business equipment and inventory

Recovering seized property usually means contesting the state’s case in civil court while protecting the client’s rights in any related criminal matter. The two have to be handled together by counsel who understands both.

Defenses we routinely raise include the innocent-owner defense, lack of nexus between the property and any crime, statutory and procedural defects in the seizure, constitutional challenges, and excessive-fines arguments under the Eighth Amendment.

Texas civil forfeiture deadlines move fast. Once you receive notice of forfeiture, you typically have only 20 days to file a sworn answer. Miss it, and the property is gone by default, even if you would have won at trial.

If law enforcement has seized your property, call (214) 526-1100 today. The earlier we get involved, the more options we have.