The Role of an Attorney in Civil Asset Forfeiture Cases

Weeks later, you receive a notice: the state wants to keep everything under Texas civil forfeiture laws. The warrant was based on allegations of money laundering, yet you were never charged with a crime. However, Texas law permits law enforcement to seize property if they suspect it’s linked to illegal activity, even if there’s no criminal conviction.  

For many, reclaiming seized assets feels impossible. Law enforcement agencies get to keep, use, and spend, all of the property they succeed in having forfeited, giving them every reason to fight your claim. The good news is that an experienced asset forfeiture lawyer can challenge the these seizures, force the state to justify its actions and fight to return what’s rightfully yours. 

Understanding Civil Asset Forfeiture  

Civil forfeiture isn’t the same as criminal forfeiture. In a criminal case, the state or federal government must prove beyond a reasonable doubt that someone committed a crime before taking their assets. In a civil proceeding, they only need to show that the property is more likely than not connected to illegal activity, which is a standard ripe for potential abuse.

This lower burden of proof makes it far easier for law enforcement to seize cash, cars, homes, and even bank accounts. It also can discourage some property owners from fighting for their property.  

Common Types of Property Seized  

Texas law allows law enforcement to seize a wide range of assets if they believe the property is tied to criminal activity. Below is an overview of the most frequently targeted assets and why they’re taken.

Cash

Carrying large amounts of cash makes you a target for civil forfeiture, even if you have a legitimate reason for having it. Police investigators often assume cash is linked to drug sales, money laundering, or other financial crimes.

For example, imagine you’re traveling with $15,000 to purchase a used vehicle. An officer stops you for a minor traffic violation, asks if you’re carrying cash, and seizes the money on suspicion that it’s drug-related. No drugs are found. No charges are filed. Yet your money is taken, and now you have to fight in court to prove it wasn’t connected to a crime.

Vehicles

If police suspect a car was used to commit a crime, they can seize it, even if the owner wasn’t the one driving. Law enforcement frequently targets vehicles they believe are involved in:

• Drug transportation
• Human smuggling
• Fraud or financial crimes
• DUI-related offenses

In some cases, officers take cars simply because they believe cash or contraband was transported in them. If your vehicle is seized, the state may attempt to keep it and sell it at auction or use it for law enforcement purposes.

Real Estate

Homes, land, and commercial properties can be seized if the government claims they were involved in criminal activity. This often happens when they believe the properties are involved in:

• Drug manufacturing or distribution
• Money laundering
• Fraud schemes

For instance, if a tenant in your rental property is caught selling drugs, the state might argue that your home was used for illegal activity, even if you had no knowledge of what was happening. Proving that you are an innocent owner in these cases is challenging and can feel overwhelming because you are at risk of losing your real property permanently. Having the right, experienced, legal representation can make all the difference.

Bank Accounts & Other Assets

Law enforcement can freeze and seize funds in personal and business accounts if they suspect illegal financial activity. This is common in fraud, embezzlement, and money laundering investigations. Even if the account contains legitimate earnings, proving that every dollar is unrelated to criminal activity can be a major challenge. Seized funds can remain inaccessible for months or even years while the case is litigated.

Personal Property

In addition to cash, cars, and real estate, law enforcement can take valuables like jewelry, electronics, firearms, and business equipment. If an officer believes an item was purchased with illegal funds or used in certain crimes, they can seize it.

How an Attorney Challenges Asset Forfeiture  

Without legal assistance, most people never recover their seized property. There are strict deadlines involved and government agencies benefit financially from forfeiture, so they make it difficult to fight back. A skilled attorney can challenge the government’s claims and work to return what’s rightfully yours.

Evaluating the Legality of the Asset Seizure  

The first step is determining whether law enforcement had legal grounds to take the property. Police must follow strict procedures when seizing assets, and any misstep can be challenged. A criminal lawyer will investigate the following:  

• Was the seizure based on probable cause?  
• Did law enforcement obtain a valid warrant?  
• Were your constitutional rights violated during the process?  

Filing a Claim for Your Property  

Once you receive a forfeiture notice, the clock starts ticking. Deadlines are short but an experienced lawyer will quickly prepare and file the necessary paperwork to challenge the forfeiture. If these deadlines are not met, the state can take ownership by default, making recovery nearly impossible.  

Shifting the Burden of Proof Back to the State  

As we explained earlier, In civil forfeiture cases, the government doesn’t have to prove that you committed a crime. Instead, they only need to link your property to illegal activity. A criminal defense attorney flips the script by forcing the state to justify the seizure and exposing weak or baseless claims.  

Defense strategies may include:  

• Proving Innocence: If you had no knowledge of illegal activity involving your property, you can argue an “innocent owner” defense.  
• Challenging the Evidence: Many cases rely on weak or circumstantial evidence. A criminal defense lawyer can challenge the government’s claims and demand stronger proof.  
• Exposing Procedural Violations: If law enforcement failed to follow proper legal procedures, the case could be dismissed.  

Negotiating for the Return of Property  

In some cases, a civil forfeiture attorney can negotiate a settlement that allows clients to reclaim part or all of their property without going to court. Negotiation tactics may involve proving the property’s legitimate source, demonstrating financial hardship, or exposing flaws in the government’s case. While settlements aren’t always ideal, they can provide a faster resolution than a drawn-out court fight.  

Representing Clients in Court  

If negotiations fail, the case goes to trial. This is where having strong legal representation is critical. Your attorney can:  

• Cross-examine law enforcement officers  
• Challenge weak or circumstantial evidence  
• Present witnesses and documentation proving rightful ownership  
• Argue constitutional violations, such as illegal search and seizure  

Because the stakes are high in civil forfeiture proceedings, having an attorney with trial experience can increase your chances of a positive outcome.

Why Civil Forfeiture Actions Are So Challenging  

Many people assume they’ll get their property back if they just prove they did nothing wrong. Unfortunately, the system doesn’t work that way. Here’s why civil forfeiture actions are so difficult.  

The Government Has a Financial Incentive  

In Texas, law enforcement agencies keep the assets they seize and forfeit. This means police departments have a direct financial interest in forfeiture cases. The more they seize, the more money they have for equipment, training, and other expenses.  

You’re Fighting an Uphill Battle  

Unlike criminal cases, where defendants are entitled to a public defender, there’s no automatic right to an attorney in civil forfeiture. Many people try to fight these cases alone, only to make fatal mistakes when communicating with the attorneys for the State, get lost in legal procedures and miss critical deadlines.  

The Burden of Proof Favors the State  

As we stated at the beginning, the government doesn’t have to prove guilt beyond a reasonable doubt: just that it’s more likely than not that the property was connected to a crime. This vague standard makes it easy for the state to win and tough for property owners to fight back.  

How to Protect Yourself from Civil Asset Forfeiture  

Civil asset forfeiture can happen to anyone, even law-abiding citizens who have never been charged with a crime. While legal representation is your best defense if your property is seized, there are steps you can take to reduce your risk and protect your assets.  

Avoid Carrying Large Amounts of Cash  

Law enforcement often assumes that carrying large amounts of cash means you’re involved in drug trafficking or other illegal activity. Even if you’re carrying cash for completely legal reasons, you could still lose it to forfeiture.  

To minimize risk, use electronic transactions whenever possible. If you’re buying a car, paying contractors, or handling other large purchases, consider using a wire transfer, cashier’s check, or another traceable method. If you must carry cash, be prepared to explain why. Having documentation, such as a bill of sale, bank withdrawal slip, or invoice, can help prove the money’s legitimacy if questioned by police.  

Keep Records of Large Financial Transactions  

One of the biggest challenges in fighting asset forfeiture is proving that your money or property was lawfully obtained. Without proper documentation, the government may assume the worst.  To protect yourself, do the following:

• Keep receipts and withdrawal slips for large cash transactions. If you withdraw an amount greater than usual to buy equipment for your business, save the withdrawal slip and any related invoices.  
• Document private sales. If you sell a car, jewelry, or other valuable items, create a bill of sale and have both parties sign it, and include their personal contact information.  
• Maintain business records. If you run a cash-based business, such as a food truck or barbershop, detailed bookkeeping can help prove your income is legitimate.  

If law enforcement seizes your money, these records can serve as vital evidence to challenge the forfeiture.  

Know Your Rights During Traffic Stops  

Many asset forfeiture cases begin on the road. Officers stop a driver for a minor violation, start asking questions and, if they become suspicious, search the vehicle and seize any cash or valuables they find. 

Knowing your rights can help prevent an unnecessary seizure. If an officer asks whether you’re carrying cash, you can politely refuse to answer. You also do not have to consent to a search: if an officer asks to do so, you can say, “I do not consent to a search.” Unless they have a warrant or probable cause, they cannot search your vehicle without your permission.  

Be Cautious About Who Uses Your Property  

If someone else uses your car, house, or bank account for illicit activity (even without your knowledge), law enforcement can seize it. This happens frequently in asset forfeiture cases.  

To reduce your risk, take precautions like the following:  

• Be selective about who borrows your vehicle. If a friend or relative is caught transporting drugs in your car, the government could seize it, claiming it was used in criminal activity.  
• Screen tenants carefully. If you rent property, make sure tenants aren’t engaging in illegal activity that could lead to forfeiture of the home or land.  

Texas law allows an innocent owner defense in forfeiture cases, but proving that you had no knowledge of illegal activity can be difficult. Taking precautions beforehand is the best way to protect yourself.  

Call a Texas Attorney Who Will Fight for Your Property and Your Rights  

Civil asset forfeiture laws were created to target criminal organizations, but in reality, they often strip innocent people of their hard-earned property. Once your assets are taken, the burden falls on you to fight back, and everything is usually stacked in the government’s favor.  

Attorney Amanda Skillern brings unmatched experience to these cases because she’s worked on both sides of the system. She’s a former Harris County prosecutor with over 11 years of experience handling criminal cases at every level. While serving in the Asset Forfeiture Division, she was responsible for cases involving hundreds of thousands of dollars in seized cash, vehicles, and high-value property. She knows exactly how the state builds forfeiture cases, and more importantly, she knows how to dismantle them.  

When law enforcement seizes your property, they count on you giving up. They assume you don’t know the law, won’t meet critical deadlines, or won’t have the resources to fight back. With Amanda Skillern on your side, that assumption is wrong. To schedule a confidential consultation about your case, please call 346.209.9893.

Related: Protecting Your Property Rights: Steps to Take After an Asset Seizure