Did you know that Houston police can seize your vehicle before you’ve even been arrested, let alone charged with a crime? Chapter 59 of the Texas Code of Criminal Procedure gives law enforcement agencies the authority to confiscate motor vehicles that they suspect were used in criminal enterprises. That means you can suddenly find yourself without transportation, even if you’re never convicted of anything.
In Texas, these vehicle forfeiture cases move forward as civil actions. Instead of charging you directly, the state targets the property itself and requires you to prove your right to keep it. That arrangement allows the government to pursue civil asset forfeiture even when criminal charges are absent, but you can fight back. This guide explains how vehicle forfeiture works in Houston and the defenses you can use to contest it.
What Is Vehicle Forfeiture?
Vehicle forfeiture happens when the state seizes and seeks to permanently keep a car or truck allegedly tied to criminal activity. This authority, which comes from the Texas Code of Criminal Procedure, gives police and prosecutors the ability to seize property they believe was used to commit, promote, or conceal certain offenses. They may also take assets allegedly paid for through the proceeds of crime.
Civil asset forfeiture operates differently than charges in criminal court because the burden of proof isn’t the same. Instead of waiting for a conviction, the state can file a lawsuit against the vehicle itself and require you to contest the asset seizure in civil court. If you don’t respond by the applicable deadline, the court can order permanent forfeiture.
When this happens, ownership of the seized asset passes to the state. In most cases, the vehicle is awarded to the agency that carried out the seizure. Some vehicles are absorbed into the law enforcement fleet and used for official duties. Others are sold at public auction, and the proceeds are usually distributed to the seizing agency and the local District Attorney’s office.
Those funds, whose use is restricted by statute, must be spent on Texas law enforcement purposes such as equipment, training, or community safety programs. This is one of the reasons why civil forfeiture has also been called ‘policing for profit.’
Vehicle Forfeiture in Houston: The Legal Framework
Common offenses that trigger civil asset forfeiture include:
- Alleged transport or distribution of controlled substances under the Texas Controlled Substances Act (drug crimes)
- Money laundering
- Organized criminal enterprises
- Robbery or burglary
- Evading arrest in a motor vehicle
- Human trafficking
- Racing on a highway
Chapter 59 also allows civil asset forfeiture in certain recidivist DWI scenarios that meet the statute’s felony criteria.
According to Texas asset seizure law, the state must file a notice of seizure and intended forfeiture in district court and serve any interested parties with a copy no later than the 30th day after your vehicle is taken. Once the petition is filed, the court issues a citation. You’ll be served with certified copies of the petition in the same manner as any civil lawsuit. Once service is complete, you have a fixed deadline to respond: under the Texas Rules of Civil Procedure, your written answer must be filed by 10:00 a.m. on the Monday following 20 days after service.
If you miss the deadline for filing an answer, prosecutors can request a default judgment, which permanently transfers ownership of forfeited assets to the government.
What is the Vehicle Forfeiture Process in Houston?
When Houston law enforcement officers suspect a car was used in criminal activity, they tow it to an impound lot, where it stays until prosecutors decide how they want to proceed. During this period, storage fees can accumulate, which can increase the cost of recovering the car if it is later released.
The next step is the filing of the civil asset forfeiture petition. This document sets out the state’s claims and identifies the car as the property subject to forfeiture. The petition usually describes the alleged criminal activity and explains why prosecutors believe the vehicle was involved. You receive formal notice through service of citation, which begins the litigation.
The final step is the civil court hearing. If you contest the petition, the case moves forward like a civil trial. Both sides can exchange evidence through discovery, which may include police reports, photographs, or witness testimony. A judge, or jury, then decides if the state has proven that the vehicle meets the statute’s definition of contraband. If the judge rules for the state, the vehicle is forfeited; if not, it must be returned.
Defenses Against Vehicle Forfeiture
Texas law recognizes several defenses that may get your vehicle back. They target different aspects of the forfeiture case, from how the vehicle was seized to how prosecutors handle the case in court.
- Innocent Owner Defense: You can argue that you didn’t know your vehicle was being used for alleged criminal activity, or that you didn’t consent to that use. For instance, if another person used your car without permission to transport drugs, you can raise this defense.
- Lack of Probable Cause: Law enforcement officers must have a reasonable basis to believe the car was tied to criminal activity at the time of seizure. If their suspicion relied on weak or unreliable evidence, you can challenge the seizure in court.
- Procedural Defenses: Prosecutors must meet statutory deadlines and provide proper notice. If the State misses the 30-day filing window or fails to serve you correctly, the case could be dismissed.
- Proportionality Argument: Courts are bound by the Eighth Amendment, which prohibits excessive fines. If the value of the vehicle is far greater than the seriousness of the alleged offense, you can argue that civil asset forfeiture is excessive in this case.
As you can see, you’re not without recourse when a vehicle is seized. By raising the correct defense, you can force the state to meet its burden of proof and protect your property rights in court.
Speak to a Houston Vehicle Forfeiture Lawyer Today
Vehicle forfeiture in Houston begins with a law enforcement agency seizing your car. While you can contest the forfeiture, you may not know what to do or even how to begin. For this reason, your best course of action is to contact a Houston vehicle forfeiture attorney about legal representation.
Amanda Skillern represents clients in Houston vehicle forfeiture cases, drawing on her years of experience as a former Harris County prosecutor to challenge aggressive seizures and work toward the return of seized property. She has handled thousands of cases, tried over thirty before judges and juries, and fights to protect property owners against aggressive civil asset forfeiture tactics. To request a confidential consultation with Amanda Skillern, call 346.291.0432 or contact our criminal defense law firm online.
Related:
What Types of Crimes Involve Forfeiture of Assets?
Common Ways People Win (or Reduce Exposure) in Vehicle Forfeiture Cases
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