Houston Civil Asset Forfeiture FAQ

Civil asset forfeiture is a process where law enforcement agencies can seize your property if they suspect it’s involved in criminal activity. If your property is classified as ‘contraband’ and forfeited, it is usually divided between the agencies involved in the seizure. 

While the idea behind this practice is to take away the profits from crime, in reality, there is often little oversight, which can lead to mistakes or even abuse of power. Sometimes law enforcement believes that the simple fact that someone has the property, such as a large amount of currency, in their possession is evidence of a crime. This can have devastating consequences for innocent people who have no involvement in any criminal activity. If this happens to you, call attorney Amanda Skillern for a no-obligation consultation about your next steps.

According to Chapter 59 of the Texas Code of Criminal Procedure, law enforcement agencies can seize your property if they suspect it’s connected to criminal activity, even if you haven’t been formally charged with a crime. This process, known as civil asset forfeiture, allows authorities to confiscate assets like cash, vehicles, real estate, and other property if they believe it’s linked to illegal activities.

Civil asset forfeiture can be a confusing and distressing experience. If your property has been seized, it’s important to seek help from a knowledgeable Houston civil asset forfeiture lawyer. At the Law Office of Amanda Skillern, we can help you understand your rights, navigate the process, and fight to get your property returned.

If police have seized your property under civil asset forfeiture laws, you have the right to challenge their actions and take steps to reclaim the assets. An experienced attorney can help you understand the legal process, your rights, and the options available to you.

Challenging a civil asset forfeiture involves several steps. First, your attorney will review the details of your case, including the reasons given for the seizure and the evidence, if any, against you. They will then draft and file a legal challenge, which is a formal, written response to the seizure notice. Depending on the particular facts of the case, your attorney may attempt to explain and persuade the government to return the property, begin the discovery process (where each party asks for, and provides, information and documents), set the matter for a hearing, or any combination of the three. If the matter is set for a hearing, or trial, your attorney will present arguments and evidence to show that your property was not involved in criminal activity or that it was from a legitimate source.

Don’t wait to seek legal help. The sooner you consult with an attorney, the better prepared you will be to protect your rights and fight for your property. Contacting a skilled civil asset forfeiture lawyer as soon as possible can help ensure that you take the right steps from the beginning, giving you the best chance of a favorable outcome.

Law enforcement can seize any assets they believe are linked to criminal activity. Seized assets can range from small amounts of cash found during a traffic stop to vehicles and real estate properties suspected of being used for illegal purposes. Some of the more unusual seized items our office has seen include grills (dental), handbags, movie memorabilia and even toilet paper.

This broad scope of asset seizure law aims to disrupt criminal enterprises and deter illegal activities. However, it also raises concerns about potential overreach and abuse of power by authorities. If you believe your assets have been unjustly seized, contact an experienced Houston civil asset forfeiture lawyer for guidance and support.

In Texas, the state must file a lawsuit to forfeit the seized property. This action is taken against the property itself, not the owner, which can make things more complicated. You will be served with a petition for the lawsuit and a notice that the state is seeking to forfeit your property. It is essential to file an answer to challenge the forfeiture; if you don’t, your property may be automatically forfeited to the state without further legal recourse.

With an attorney’s help, you can explore various legal avenues to challenge the seizure, such as proving the property wasn’t involved in criminal activity or showing that it was used without your consent and knowledge. Your lawyer will also ensure you understand the specific reasons for the seizure and the legal basis for the forfeiture, providing you with a clearer understanding of your situation.

If the court rules in favor of the state, the seized assets are typically given to the law enforcement agencies involved. These proceeds often fund law enforcement activities, such as equipment purchases, training programs, or community outreach initiatives.

Texas law also allows for some of the proceeds to be allocated to other entities, such as local school districts or drug abuse prevention programs. The use of funds from forfeited assets is governed by state laws and regulations, some of which were enacted after instances of inappropriate expenditures by law enforcement agencies/officials came to light. These law and regulations were intended to ensure that the proceeds are used in a manner that supports community and public safety initiatives.

Yes, there have been ongoing discussions and proposals for reforms to state civil asset forfeiture laws. In May 2023, the Texas House of Representatives passed House Bill 3569, which would change the state’s burden of proof for seizing property from “preponderance of the evidence” to “clear and convincing evidence” that the property is related to criminal activity.

This bill was passed to the state Senate, where it was read and referred to State Affairs. Although it has not been signed into law, it would represent a significant shift in the state’s current civil asset forfeiture laws. The bill has received praise from civil asset forfeiture reform advocacy groups, signaling a potential move towards more stringent protections for property owners.