If you’re arrested in Houston, the police may seize your vehicle and have it towed to a storage facility. This usually happens if they believe (or claim to believe) that it was involved in the commission of a crime, such as drug trafficking. Soon after you post bond, you’ll probably be notified that the car has been flagged for seizure under Chapter 59 of the Texas Code of Criminal Procedure.
In Texas, civil asset forfeiture is a legal process that lets law enforcement seize physical property like cash, cars, or even real estate if they believe it was involved in criminal activity. Sometimes the property owner is charged with an offense, but this isn’t a prerequisite to seizure: many people have their property taken before they even face charges. In this guide, we explain the reasons why Houston police impound vehicles in this manner and how a Texas vehicle forfeiture attorney can help you get your car back.
Why Houston Law Enforcement Impound Vehicles After an Arrest
We’ve already explained why law enforcement impounds vehicles after an arrest. On paper, they may claim that you bought the car using the proceeds of a money laundering operation or you used it in support of the drug trade. But that’s not the only reason.
Law enforcement agencies actually benefit from these police seizures. When you don’t fight back, the Texas Code of Criminal Procedure allows them to keep up to 90% of the proceeds from the sale of forfeited property. For some departments, especially in smaller or rural counties, these funds can account for 15% to 30% of their total operating budget. This creates an incentive to seize physical property as a revenue stream instead of a crimefighting measure.
It is important to note that the police don’t always sell the car at a public auction; they can simply keep it. If a department seizes a high-end SUV or a reliable truck, they can petition the court to let them keep and use the vehicle for “official purposes.” By converting seized cars into undercover vehicles or patrol units, the department avoids using taxpayer money to purchase new ones, effectively “saving” their budget for other uses, like guns, body armor, computers, and surveillance tech.
This financial benefit is protected by a high barrier to entry for the owner. Because this is a civil case (e.g.,The State of Texas v. One 2024 Chevrolet Silverado), you are not entitled to a court-appointed attorney. When owners can’t afford to fight, the police win by a default judgment. Critics like the Institute for Justice have termed this asset forfeiture system ‘policing for profit.’
Vehicle Impoundment vs. Civil Asset Forfeiture: What’s the Difference?
Vehicle impoundment and civil asset forfeiture are not the same action. To begin with, an impound usually occurs at the scene of an arrest. Police tow the vehicle to an impound lot and store it under a law enforcement hold. At this stage, the car is still your property: the government has possession of it in a vehicle storage facility, but not ownership.
The legal process of vehicle forfeiture begins when prosecutors file a civil action seeking ownership of the vehicle. This filing converts the case from a temporary hold into a property lawsuit. The government no longer needs to justify continued storage. Instead, the burden shifts to you to contest the asset seizure. If no claim is filed within the statutory deadline, the court may award the vehicle to the state without a hearing.
Forfeiture does not depend on the outcome of your criminal case. The charges against you may be reduced, dismissed, or never filed, yet the civil asset forfeiture case can continue. Many vehicle owners lose their cars while assuming release will occur once the criminal case ends. By the time they learn that forfeiture is underway, the deadline to respond has already passed.
How Vehicle Forfeiture Works in Texas
Civil asset forfeiture begins shortly after a vehicle is seized. Once police flag a car for forfeiture, the case is referred to prosecutors for review. In Houston, these seizure procedures are commonly handled by the Harris County District Attorney’s Office.
Prosecutors initiate asset forfeiture by filing a civil lawsuit against the vehicle itself within 30 days of the seizure. The case name typically lists the property as the defendant, not the owner. As part of the notification process, you must be officially served with notice of the lawsuit. If you don’t respond to this notice within the mandated timeframe (usually about 20 days after being served), the state wins by default, and you lose the car automatically.
In a criminal trial, the state must prove guilt “beyond a reasonable doubt.” In a civil asset forfeiture case, the state only needs to meet the “preponderance of the evidence” standard. This means they only have to prove it is more likely than not that the car was involved in a crime. Because it’s a civil case, you aren’t “presumed innocent” in the traditional sense. Instead, you bear the burden of proving that your property is “innocent.”
Once a claim is filed, the case proceeds like other civil litigation. The state may seek discovery, file motions, and request a court order for summary judgment. During this time, the vehicle remains out of your possession. Storage fees may continue to accrue, and release is not guaranteed even if the criminal case stalls.
How to Get Your Car Back After a Houston Arrest
If the vehicle is held administratively, release may be possible once towing and storage fees are paid and proof of ownership is provided. However, that option disappears once prosecutors file a forfeiture case. At that point, payment alone won’t secure release. The vehicle remains in custody until the civil court resolves ownership through a court order.
Once you receive notice of the forfeiture lawsuit, you’ll need to navigate and comply with deadlines, filings and potentially discovery requests. There is no one-size-fits-all approach and this is where experience and strategy make all the difference.
Certain defenses can support release. You may contest probable cause for police seizures, dispute any claim that the vehicle was used in criminal activity, or assert innocent ownership if someone else allegedly used the car without your knowledge. These arguments must be raised formally in the forfeiture case: informal requests to police departments do not stop the civil action. For that, you’ll want the help of a skilled vehicle forfeiture lawyer.
How a Houston Criminal Defense Attorney Can Help
When you’re fighting to get your car back, you’re going up against the police department and the D.A.’s office, both of which have vast resources to defend their position. You need an attorney with the skills, experience, and resources to help you challenge the forfeiture and force the government to meet its burden of proof.
Here’s how legal representation can help:
- Timely Responses: Missing the 20-day window after being served with a Notice of Seizure is the most common reason people lose their cars. Once you have an attorney, they can immediately file a verified answer to prevent the state from winning the vehicle through a default judgment.
- Innocent Owner Defense: If you were not the one arrested, your attorney can gather communication records, titles, and testimony to prove you had no knowledge of the illegal activity.
- Proportionality Challenges: Under the Eighth Amendment, an attorney can argue that seizing a truck for a low-level offense is an “excessive fine.” This legal strategy can lead to a court order for the vehicle’s return because the punishment outweighs the alleged crime.
- Negotiating Settlements: Many Houston forfeiture cases can be resolved with a “settlement”. These agreements can involve limitations on future use, fee payments, and even credit reporting where a lien holder is involved. A lawyer can craft proposed agreements tailored to your priorities, advise you as to the best option in your situation and help you negotiate a settlement if necessary.
Unrepresented individuals may have a hard time challenging the Houston Police Department’s Property Division and the Harris County District Attorney’s office on their own. By hiring an experienced attorney, you can actively defend your property rights and, ideally, get your car back.
Has Your Vehicle Been Impounded After an Arrest?
Vehicle impoundment after an arrest in Houston can quickly turn into permanent loss through civil forfeiture. The law allows police to seize property like motor vehicles based on allegations alone and later pursue ownership. If you don’t respond correctly and on time, the state can take your vehicle even if the charges are later dropped. Acting quickly is the only way to protect your ownership rights and pursue the return of your car.
If you’ve been arrested and your vehicle seized, contact the Law Office of Amanda Skillern PLLC right away. Amanda Skillern spent over 11 years as a Harris County Assistant District Attorney and was assigned to the Asset Forfeiture Division. Now, as a Houston criminal defense lawyer, she uses those insights to help her clients get justice. To schedule a confidential consultation, please call 346.291.0432 or contact our Houston criminal law firm online today.
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