Understanding Civil Asset Forfeiture in Texas

Imagine driving to a medical appointment when you see flashing red and blue lights in your rearview mirror. You pull over, thinking it’s just a routine traffic stop. The officer asks if you’re carrying any large amounts of cash. 

You are: you were planning to buy equipment for your small business. Without any evidence of a crime, the officer takes your money, claiming it might be connected to drug trafficking. You’re sent on your way without an arrest, but your cash is gone. Weeks later, you receive a notice stating that your money is being forfeited to the state.  

This scenario isn’t a rare occurrence: it happens all the time in Texas. Civil asset forfeiture laws allow law enforcement to seize and keep property they suspect is tied to criminal activity, even if the owner is never charged with a crime. Texas is one of the most aggressive states when it comes to asset forfeiture, and law enforcement agencies have gained millions of dollars from seized property, creating a system that many argue is unfair and ripe for abuse.  

At the Law Office of Amanda Skillern, PLLC, we are here to help Texans reclaim their property and protect their rights. If law enforcement has taken your property, don’t wait: call defense attorney Amanda Skillern today to discuss your legal options.

What Is Civil Asset Forfeiture?  

Civil asset forfeiture is a legal process that allows law enforcement agencies to take property they believe is connected to criminal activity, otherwise known as contraband. This means that law enforcement can seize your assets based on mere suspicion, leaving you to fight to get it back. In Texas, civil forfeiture does not even require the property owner to be charged with, or convicted of a crime.  

Instead of having to prove the property is contraband ‘beyond a reasonable doubt’, the government only needs to show by a preponderance of the evidence (a much lower standard) that the property was involved in criminal activity.  

In January 2016, Houston police seized $955 from a man they claimed was a gang member with a criminal history. Officers suspected he was selling painkillers after finding prescription drugs in his car during a traffic stop. However, after further review, prosecutors discovered that the South Texas man had a valid prescription for the medication and dropped the drug possession charge. Despite being cleared of any criminal wrongdoing, the man’s cash was still forfeited to the police department and local prosecutor, and he had to fight to reclaim his money.

A few months later, near the U.S.-Mexico border, a Webb County sheriff’s deputy stopped a southbound 2007 Nissan Altima after Border Patrol agents flagged it for having hidden compartments. Although the compartments were empty, deputies suspected the vehicle was tied to drug trafficking and seized it. The driver was never charged with a crime, yet law enforcement still kept the vehicle, forcing the owner into a legal battle to try to get it back.

More recently, a class action lawsuit challenged Harris County’s civil asset forfeiture practices, arguing that law enforcement routinely seizes property based on mere suspicion without charging owners with a crime. The lawsuit stems from the 2019 seizure of $42,300 from Ameal Woods, a Mississippi truck driver who had saved the money to expand his business. 

Texas Civil Asset Forfeiture Laws: What You Need to Know

In Texas, law enforcement officials have broad authority to seize and keep property. The process is governed by Chapter 59 of the Texas Code of Criminal Procedure, which outlines the standard of proof involved and how property can be seized, forfeited, and contested.  

How Asset Forfeiture Works in Texas  

Civil asset forfeiture actions in Texas are often unfair because they heavily favor law enforcement. Unlike criminal cases, where a person is innocent until proven guilty, asset forfeiture cases put the burden on the property owner to prove their innocence, not the other way around. This means that even if you have never been arrested or charged with a crime, you could still lose your property permanently if you don’t fight back in court.

Here’s how a forfeiture activity typically unfolds.

1. Seizure of Property

Law enforcement officers can seize property they suspect is connected to criminal activity. They do not need to obtain a conviction or even file criminal charges before taking cash, vehicles, bank accounts, firearms, real property, or other valuable assets. Even if a person is never arrested or convicted, their assets can still be seized and subjected to forfeiture proceedings.

2. Notice of Forfeiture

Once property has been seized, the government has 30 days to file a civil lawsuit against the property itself, rather than the owner. This is why asset forfeiture cases have unusual names like State of Texas v. $10,000 in U.S. Currency or State of Texas v. 2019 Ford F-150. These lawsuits do not require the government to prove that the owner committed a crime, only that the property was somehow involved in illegal activity. The notice of forfeiture will include:

• A description of the seized property
• The reason for the seizure
• Instructions on how the owner can contest the forfeiture
• If the owner does not respond within the deadline, the government can file a default judgment, and law enforcement keeps 100% of the proceeds.

3. Owner’s Response

After receiving a forfeiture notice, the owner has a limited window to fight back. The law requires owners to file a timely, formal legal response with the court. Many people lose their assets simply because they miss the deadline or don’t realize they need to take legal action immediately.

At this stage, the property owner may:

• File a legal claim challenging the forfeiture.
• Demand that the state prove its case in court.
• Negotiate for the return of some or all of their property.

Unfortunately, many people do not understand the forfeiture process, and without legal representation, they often fail to take the necessary steps to get their property back.

4. Court Hearing

If the case moves forward, a hearing will be held where the government must prove that the property was connected to criminal activity.  During the hearing, the owner has the right to:

• Present evidence showing that the property was legally acquired.
• Question law enforcement officers and challenge their claims.
• Prove that they had no knowledge of any alleged illegal activity (such as in cases where a car was borrowed by a friend or relative).
• Challenge constitutional violations, such as illegal searches or lack of probable cause.

If the property owner cannot convince the judge or jury that their property was lawfully acquired (or if they fail to appear in court) the property will likely be permanently forfeited to the state.

5. Final Judgment

At the conclusion of the case, the judge will issue a final ruling:

• If the government wins, the property is forfeited and law enforcement gains full control over it. In many cases, the seizing agency sells or auctions the property and keeps the  proceeds for department use.
• If the owner wins, the property is returned.

Why Texas Asset Forfeiture Laws Are So Controversial

One of the biggest criticisms of Texas civil asset forfeiture laws is that law enforcement agencies get to keep 100% of the proceeds from seized property. This creates a strong financial incentive for law enforcement personnel and prosecutors to seize as much property as possible, even in cases where the owner was never involved in organized crime or any criminal activity.

Unlike other states that require forfeiture funds to be used for neutral purposes (such as education or drug treatment programs), Texas allows agencies to use seized funds to pay for salaries, equipment, and other department expenses. This means that:

• Police departments have a vested interest in maximizing asset seizures.
• Prosecutors aggressively fight forfeiture cases because the funds directly benefit law enforcement agencies.
• Innocent owners often face an uphill battle, as the system is designed to favor law enforcement.

Several cases have revealed blatant abuse of civil forfeiture laws, where peace officers seized money, real estate, and valuables from innocent people with no real evidence of criminal activity. Because the cost of fighting forfeiture cases can be higher than the value of the seized property, many owners simply give up, allowing law enforcement to profit from questionable seizures.

Common Scenarios Leading to Asset Seizure  

Many Texans assume that asset forfeiture only happens in major drug trafficking cases, but in reality, innocent people often lose their property under this system. Some of the most common situations that lead to asset seizures in Texas include:  

Cash Seizures During Traffic Stops  

One of the most common asset forfeiture scenarios involves police seizing cash during routine traffic stops. Officers may claim that carrying large amounts of cash is suspicious and allege that it is connected to drug trafficking or other crimes. Even if no drugs or illegal items are found, police may still seize the money and force the owner to prove it was lawfully earned.  

Property Seized in Drug-Related Arrests  

If someone is arrested for drug possession or distribution, law enforcement often seizes cash (“drug money”), cars, and even homes suspected of being tied to drug transactions. In many civil asset forfeiture cases, the innocent property owner is never convicted of a crime related to the drug trade, yet their assets remain forfeited.  

Bank Account Freezes & Seizures  

Authorities may freeze and seize bank accounts if they believe the funds are linked to fraud, money laundering, or other financial crimes. This can happen without prior warning, leaving people unable to access their money to pay for legal representation or even daily expenses.  

Business Owners Targeted for “Structuring” Deposits  

Federal government and state law enforcement agencies sometimes seize funds from small business owners who make frequent cash deposits under $10,000. Even if the business is legitimate, law enforcement may claim that the deposit patterns are designed to evade banking regulations (often called ‘structuring’) and justify asset seizure.  

Vehicles & Homes Taken Without Criminal Charges  

In some cases, police seize cars, homes, or other valuable assets, even when the owner is never charged with a crime. If law enforcement suspects that a vehicle was used to transport drugs or that a home was used in illegal activity, they may take it under civil forfeiture laws, forcing the owner to go through a costly legal battle to get it back.  

What Are Your Rights If Your Property Is Seized?  

If law enforcement seizes your private property under Texas civil asset forfeiture laws, you have the right to challenge the seizure, but the process is complicated and stacked against property owners. Here’s what you need to know:  

• You have the right to be notified if your property is seized. As we explained earlier, the government must file a forfeiture case within 30 days and provide notice to the owner.  
• You must respond quickly. If you do not contest the forfeiture within the deadline, you may automatically lose your property. A civil forfeiture attorney can help with this step. 
• You can demand evidence. The government must prove that your property was involved in criminal activity, but they do not need to prove that you committed a crime.  
• You can challenge the legality of the seizure. If police officers violated your constitutional rights, conducted an illegal search, or failed to follow proper procedures, you may have grounds to fight back with help from a criminal defense attorney. 
• You may be eligible for a settlement or negotiated return. In some cases, prosecutors may agree to return a portion of the assets in exchange for dropping the legal challenge.  

Many innocent property owners lose their forfeited assets simply because they don’t know their individual rights or fail to respond in time. Hiring an experienced attorney as soon as possible is the best way to protect your property and fight unjust forfeiture.  

Have Your Assets Been Seized? The Law Office of Amanda Skillern, PLLC Can Help  

Fighting civil asset forfeiture is complicated, and the system is designed to make it difficult for property owners to reclaim what is rightfully theirs. At the Law Office of Amanda Skillern, PLLC, we have the experience, knowledge, and dedication to helping Texans fight back against unjust property seizures.  

• We analyze the details of your case to identify weaknesses in the government’s claims.  
• We challenge illegal searches and seizures to get your property returned.  
• We demand proof that the property was involved in criminal activity.  
• We negotiate with prosecutors to settle cases when possible.  
• We take cases to trial if necessary to protect your rights.  

If your money, car, home, or other property has been seized under civil asset forfeiture laws in Texas, you have options to get it returned. Call Attorney Amanda Skillern today for a free consultation and let us help you take back what’s yours. 

Related: The Role of an Attorney in Civil Asset Forfeiture Cases