You may already know that Texas law allows law enforcement to seize contraband. What you may NOT be aware of is that ‘contraband’ isn’t limited to illegal drugs or firearms; it can also include your personal property if the police believe that you used it to facilitate or commit a crime. This can happen even if you haven’t been charged with a crime.
It’s an ongoing problem. The Texas Tribune noted that Texas police made over $50 million in 2017 from seizing property, adding, “Not everyone was guilty of a crime.” In a later article, the Texas Standard pointed out that close to 60% of people whose belongings were seized did not fight to get them back. In most instances, they probably didn’t know that they could.
If your property was taken by the police, you need a criminal lawyer with years of experience in civil asset forfeiture defense. At the Law Office of Amanda Skillern, PLLC, we have helped many clients fight back and seek the return of their assets. This guide walks you through what to do after your property has been seized in Texas, what your legal rights are, and how you can take action to get them back.
What You Need to Know About Asset Seizure in Texas
Asset seizure happens when law enforcement takes your property because they believe it’s connected to illegal activity. Depending on the circumstances, this could include the following types of assets:
- Vehicles allegedly used in the commission of a crime
- Cash suspected to be drug proceeds or tied to money laundering
- Real property, such as a home, allegedly linked to criminal offenses
- Personal property, such as handbags, jewelry, clothing, found during a search warrant execution
In Texas, most business and personal asset seizures are conducted under civil asset forfeiture laws, which allow the government to take your property without necessarily convicting you of a crime. Yes, that means they can keep your stuff – even if you’ve never been arrested! That’s why taking the right steps immediately after a seizure of property is critical.
Step 1: Stay Calm and Don’t Confront Officers at the Scene
If officers are seizing your personal or business property, whether during a traffic stop, at your home, or during an investigation, do not argue, resist, or interfere. Even if you believe the seizure is unjustified, confronting law enforcement in the moment can escalate the situation and lead to criminal charges.
Instead, stay calm, ask for an inventory or receipt of what is being taken, and write down the names or badge numbers of the officers involved if you can do so safely. If they haven’t charged you with anything, don’t give them an excuse to.
Step 2: Understand Why Your Property Was Taken
The legal basis for a seizure determines how the property is classified, what procedures apply, and what defenses are available to you under Texas civil asset forfeiture law.
Search Warrant Execution
When property is seized during the execution of a search warrant, the warrant must specify the items to be seized and the location to be searched. If your property was not specifically listed or was taken without proper justification, you may have grounds to challenge the seizure. A legal professional can review the warrant and the inventory of items taken to determine if law enforcement officers exceeded the scope of the warrant or violated your Fourth Amendment rights.
Traffic Stop Seizure
Law enforcement may seize property during a traffic stop if they claim there is probable cause to believe the property is tied to criminal activity. These seizures are usually triggered by the presence of large amounts of cash, inconsistent travel plans, or suspected drug trafficking indicators.
These are some of the most commonly contested seizures. Texas law requires that officers have a legitimate basis for believing the property was used in or derived from a crime. If no arrest is made and no charges are filed, your asset forfeiture attorney may argue that the seizure lacked probable cause or was based on assumptions rather than evidence.
Drug-Related Arrests or Investigations
During drug investigations or arrests, police often seize money, bank accounts, vehicles, electronics, or real property that was allegedly:
- Used to facilitate drug activity or;
- Purchased with drug proceeds.
The state must prove a “substantial connection” between the seized property and the alleged drug activity. If you can show that the items were lawfully obtained, such as through legitimate income or unrelated sources, you can challenge the civil forfeiture. Detailed financial records and ownership documents can be very helpful in proving your claim.
Step 3: Get a Copy of the Seizure Notice or Forfeiture Petition
Under Texas Code of Criminal Procedure Chapter 59, when your property is seized, the seizing agency must file a Notice of Seizure and Intended Forfeiture with the court within 30 days. You should receive a copy of this notice, which will include:
- A description of the property or real estate
- The legal basis for the seizure
- The court where the petition was filed
- The deadline to respond
If you haven’t received any notice and it’s been more than 30 days, your attorney can contact the District Attorney’s office or the law enforcement agency to obtain it. Don’t wait to obtain legal representation, as missing the window to respond can result in automatic forfeiture.
Step 4: Consult an Experienced Attorney Immediately
Because the burden of proof is lower than in a criminal trial, the state often has an advantage in a forfeiture proceeding. Missing a filing deadline, failing to raise key defenses, or submitting an incomplete response can lead to automatic forfeiture, regardless of the facts of the case. To avoid that outcome, you need an experienced lawyer who can help you respond quickly.
Reviewing the Civil Forfeiture Petition
The petition outlines why the state believes it is entitled to your property. It must comply with statutory requirements, including proper notice and a statement of the legal grounds for forfeiture. An attorney will review the following:
- Whether the petition was filed within the required 30-day window
- If the allegations meet the statutory basis for forfeiture
- Whether the property described matches what was seized
- Any deficiencies in how the petition was served or filed
Identifying Procedural or Constitutional Violations
Improper searches, lack of probable cause, or seizures outside the scope of a warrant may give you a defense under the Fourth or Fourteenth Amendments. Your attorney will assess whether:
- The seizure complied with constitutional protections
- You were given notice and an opportunity to respond within a certain period of time
- The state followed required steps under Chapter 59
- The forfeiture would violate due process
Raising these defenses early can be essential to a successful attack on the legality of the entire seizure.
Drafting and Filing an Answer
After being served with the petition, the clock begins ticking on the deadline to file a formal response. This document must deny the state’s allegations, assert your legal interest in the property, and preserve your right to contest the forfeiture. Failure to file this document in the correct manner and in a timely fashion can result in a default judgment, meaning the property is forfeited without a hearing. Your attorney will make sure that the answer is timely, accurate, and includes any affirmative defenses, such as being an innocent owner or lacking knowledge of criminal use.
Requesting a Forfeiture Hearing
After the answer is filed, your attorney can request a hearing, where both sides present evidence. This is when the state must prove that the property is connected to criminal activity and subject to forfeiture. Your attorney will:
- Present documentation of lawful ownership
- Cross-examine state witnesses
- Challenge the reliability of the evidence
- Argue for the return of the property and a finding that it is not contraband
These asset forfeiture proceedings are decided by a judge or jury, depending on the case. A strong legal argument can result in full or partial return of your property.
Negotiating with the Prosecutor
In many cases, the state may be open to resolving the case without trial, particularly when the property has legitimate ownership records, the seizure involved questionable probable cause, and you were never charged with a crime. An experienced attorney can open negotiations with the prosecutor, propose settlements, and advocate for either full release or a reduced forfeiture. Without this negotiation channel, you’re left relying on the court’s final ruling.
In some cases, the state may offer to settle by returning part of the property or value. While this isn’t always ideal, it can be a faster resolution when the cost of litigation outweighs the value of the seized items.
Other outcomes could include:
- Return of the property with conditions
- Return of some items and forfeiture of others
- Negotiation of extra-judicial agreements with third parties
Asset forfeiture cases in Texas are fast-moving, extremely technical, and high-stakes. Having a seasoned attorney who understands the system and can challenge the state’s case at every stage is the best way to protect your property and your rights.
What Documentation Do You Need to Fight an Asset Seizure?
To fight the forfeiture, you’ll need to prove the following:
- You are the rightful owner of the property
- The property was not used in or obtained through criminal activity
- You were not aware (or had no reason to know) the property was involved in a crime
Start gathering any of the following documents that support your case:
- Title or registration (for vehicles)
- Receipts or bank statements (for cash or items purchased)
- Correspondence showing legitimate ownership
- Proof of employment or source of income
- Affidavits or witness statements
- Loan documents (if the property is financed)
The goal is to show that the property was lawfully obtained and should be returned.
How Innocent Property Owners Are Protected
Texas law recognizes a defense known as the “innocent owner” defense, which applies when someone’s property is seized even though they did not participate in, benefit from, or know about the alleged criminal activity associated with it. This defense is built into Texas Code of Criminal Procedure § 59.02(c) and is one of the few statutory protections available to property owners in civil asset forfeiture cases.
The innocent owner defense requires more than simply stating that you didn’t know about the illegal activity. The burden is on you, the property owner, to show:
1. You had a legal ownership interest in the property; and
2. You did not know and reasonably could not have known that the property was being used in a way that violated the law.
For example, if you loaned your vehicle to a friend, relative, or employee, and they used it in a drug transaction, theft, or any other criminal act, you could face seizure of the vehicle even though you weren’t present or involved. To assert an innocent owner defense, you would need to show that:
- You gave them permission to use the vehicle
- You had no reason to suspect they would use it for illegal purposes
- You were not present during the crime
- You did not benefit from the activity
Once your attorney determines that you may qualify as an innocent owner, they will:
- File an Answer to the forfeiture petition asserting your status
- Request a hearing to present evidence supporting your claim
- Prepare documentation of ownership, legal use, and your lack of knowledge
- Cross-examine the state’s witnesses if they claim you were aware of the illegal use
- Argue for full return of the property based on legal protections
The court will evaluate whether you knew or should have known about the illegal use. This includes looking at your relationship to the person involved, your level of control over the property, and whether any warning signs were present. If the judge finds that you genuinely lacked knowledge and could not reasonably have discovered the unlawful activity, the property must be returned.
Our Criminal Defense Lawyers Fight to Get Your Property Back
At the Law Office of Amanda Skillern, PLLC, we understand how upsetting it is to have your personal or business assets seized. That’s why we’re here to help you challenge unfair seizures, protect your rights, and fight for the return of what’s yours.
Asset forfeiture cases move quickly, and the rules are strict. But with the right legal support, you can stand up to the system and reclaim your property. Attorney Amanda Skillern is ready to review your case, explain the legal process, and help you move forward, so to schedule a confidential consultation, please call 832.954.4722.
Related: How to Get Property Back from Texas Law Enforcement
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