What Happens After Your Property Is Seized in Houston?

You’re driving home from a concert at White Oak Music Hall, thinking about the show you just enjoyed and your plans for tomorrow with the family. Suddenly, a siren wails behind you and lights flash in your rearview mirror. When you pull over, the police officer suggests that you’ve been speeding and asks if they can search your vehicle. 

You agree because you figure you have nothing to hide. To your shock, the officer finds a small digital scale belonging to your wife, which she uses to measure spices and other ingredients, and suggests that dealers carry the same type of ‘drug paraphernalia.’ You aren’t charged with a crime, but the officer seizes your vehicle and forces you to take a taxi home. Soon after, you receive a notice that the state plans to keep it through civil asset forfeiture. 

Texas law allows police to seize items they believe are connected to criminal activity, but that doesn’t mean you have no recourse. In this guide, we’ll review what happens after a seizure in Houston and how an asset forfeiture attorney like Amanda Skillern can help you get your property back.

Civil Asset Seizure in Texas: How It Works

In Texas, law enforcement can seize your property if they believe it’s connected to a crime. They might take your assets during a traffic stop, after executing a search warrant, or at the time of an arrest. What surprises people is that you don’t have to be charged with a crime for the police to start the forfeiture process. All it takes is a claim that your property was used in a crime, intended to be used in a crime, or purchased with illegal proceeds.

Texas passed its main forfeiture law in 1989. This law, found in Chapter 59 of the Texas Code of Criminal Procedure, gave police the authority to seize property believed to be connected to certain crimes. From the beginning, the law allowed agencies to keep most of what they seized, which encouraged regular use of the practice.

During the 1990s and 2000s, police and prosecutors across Texas made widespread use of civil forfeiture. Many departments came to rely on this income to buy vehicles, weapons, and office equipment. In some counties, these funds paid for staff salaries, drug-sniffing dogs, and travel. There was little public tracking of what was taken or how the funds were spent.

Concerns about fairness started to gain attention around the late 2000s. News reports and watchdog groups began highlighting cases where property was taken from people who had never been charged with a crime. In many of these cases, owners walked away from their property because they couldn’t afford a lawyer or didn’t want to fight a drawn-out court battle. Even when no wrongdoing was proven, the property remained in the hands of law enforcement.

What Assets Are Commonly Seized?

While practically any property may be taken if it was arguably linked to a crime or criminal proceeds, here’s what police in Houston and across Texas most commonly seize today:

• Cash: The police can take any sum of money if they suspect it’s tied to drug sales or other illegal activity. You don’t need to have drugs or other evidence with you – just the cash can be enough for a seizure.
• Vehicles: Cars, trucks, and motorcycles may be seized if law enforcement believes they were either used to transport illegal items or were bought with criminal proceeds.
• Firearms: Guns can be taken if they were used in the commission of a crime or if you’re not legally allowed to own one. However, even lawfully purchased firearms are sometimes held as evidence.
• Electronics: Phones and computers are frequently seized in cases involving alleged fraud, identity theft, or drug trafficking. These items may be kept for forensic searches or as evidence in a criminal case.
• Real Estate: Homes, land, or buildings can be seized in larger investigations, especially if law enforcement claims they were used for drug manufacturing/distribution or illegal gambling.
• Other Property: Jewelry, safes, tools, and household goods may also be taken if police believe they’re linked to criminal activity or bought with illegal funds.

If your property has been seized, you need to know that the government doesn’t have to prove guilt beyond a reasonable doubt. Instead, they only need to show by a preponderance of the evidence (a much lower standard) that your property is tied to criminal conduct. This puts you at a disadvantage if you don’t respond quickly and with the right documentation. 

What Happens After Your Property Is Seized in Houston?

If law enforcement in Houston takes your property, the district attorney has 30 days from the date of the seizure to file a civil forfeiture petition in the district court for the county where the property was taken. This petition, which names the property itself as a defendant (such as State of Texas v. $8,500 in U.S. Currency), must describe the items, the date and location of the seizure, and the State’s reason for believing the property is linked to illegal activity.

After the petition is filed, you will be served with formal notice. This document alerts you that the State aims to keep your property and has opened a civil case against it. The notice also outlines the basic facts and explains your obligation to respond. Under Texas law, you have 20 days plus the following Monday from the date you are served to file a written answer with the court. If you miss this deadline, the judge may grant a default judgment, which allows the state to take your property permanently without a hearing.

After your answer is filed, negotiations typically begin. If those negotiations are unsuccessful, discovery may be requested and exchanged between the State and other parties. If an agreement still isn’t reached after the discovery process, the case will proceed to a civil trial before a judge or jury. At the trial, both sides may present documents and witness testimony. If the judge/jury rules in your favor, your property will be returned. If not, the State will keep it, and it may be sold or used by law enforcement.

Common Defenses in Asset Forfeiture Cases

When you receive notice that the state is seeking to keep your property, Texas law gives you a path to contest the forfeiture and present evidence that the property is lawfully yours. The state must show, by a preponderance of the evidence, that your property was used in, intended for use in, or derived from criminal activity. If it can’t meet this standard, the judge can order your property returned.

Here are the most common defenses available in Texas civil asset forfeiture cases:

• Innocent Owner: You can argue that you didn’t know, and had no reason to know, your property would be used in a crime. This defense often applies if someone else used your car, home, or other belongings without your knowledge or permission. Supporting evidence might include witness statements or proof you weren’t present when the alleged illegal activity occurred.
• No Connection to Criminal Activity: You can show that your property was not used in, intended for use in, or derived from any illegal conduct. This defense relies on documentation that traces the property to a lawful source, such as pay stubs, bank account statements, tax returns, or business records. If the State can’t link your property to a crime, the court may order its return.
• Improper Seizure or Violation of Rights: If law enforcement took your property without a valid warrant or probable cause, or they failed to follow required procedures, you can challenge the seizure. Examples include searches conducted without consent or a warrant, or seizures made without proper documentation. If the court finds your rights were violated, the property may be returned even if other claims are made by the State.
• No Criminal Charges or Conviction: While Texas law does not require a criminal conviction for forfeiture, the absence of charges or a conviction can support your argument that the property should not be forfeited. You may highlight the lack of evidence or the fact that prosecutors declined to pursue criminal charges.

What to Do If Your Property Is Seized in Houston

If law enforcement officers take your property, acting promptly gives you the best chance to recover it. Here’s what you should do as soon as possible after the asset seizure:

• Read All Notices Carefully: As soon as you receive a forfeiture notice or any paperwork from law enforcement or the district attorney’s office, read it thoroughly. These documents will tell you what was taken, why the State claims it’s connected to a crime, and what deadlines apply to your case. Don’t ignore or misplace any official paperwork.
• Gather Proof of Ownership and Lawful Use: Start collecting any documents that show you own the property and acquired it legally. Helpful records include purchase receipts or invoices, vehicle titles and registration documents, and loan agreements or bank statements.
• Contact a Forfeiture Defense Lawyer: Civil asset forfeiture cases call for strict compliance with court rules. An experienced attorney can review the state’s petition, help you prepare a proper answer, and make sure you meet all deadlines. They can also identify any errors in the state’s paperwork or possible violations of your rights.

How Amanda Skillern Can Help

If your property has been seized by a law enforcement agency in Houston, you want a civil asset forfeiture attorney who’s helped clients in a similar position. Amanda Skillern has years of experience handling asset forfeiture cases, both as a former prosecutor and as a Houston criminal defense attorney. She knows how these cases are compiled, what mistakes law enforcement and prosecutors often make in their effort to retain seized assets, and how to challenge weak or unsupported claims in court.

When you hire Amanda Skillern, she will start by reviewing your case thoroughly. She’ll examine the forfeiture petition, check for missed deadlines or legal errors, and make sure the state followed all required procedures. If the petition is missing key information, such as a clear description of your property or a proper explanation for the seizure, she can move to have the case dismissed early. Amanda will also help you gather the documents you need to prove lawful ownership, such as receipts, bank records, or registration papers.

If the district attorney offers a settlement, Amanda will negotiate on your behalf and make sure your interests are protected. If the case goes to a hearing, she will prepare you for testimony, cross-examine law enforcement witnesses, and challenge the state’s evidence. Her background as a former prosecutor gives her insight into how these cases are prosecuted and what arguments are most effective in court.

Throughout your case, Amanda Skillern will keep you informed about deadlines, court dates, and the status of your claim. If you have received a forfeiture notice or believe your rights were violated during a seizure, contact the Law Office of Amanda Skillern for a confidential consultation. 

Has Your Property Been Seized? Speak to a Texas Civil Asset Forfeiture Lawyer

If law enforcement has seized your property in Houston, you’re probably frustrated, angry, and wondering if there’s anything you can do. The good news is that there is. Amanda Skillern has handled these cases from both sides of the courtroom and knows how to spot weak claims, procedural errors, and violations of your rights. 

If you’ve received a forfeiture notice or believe your property was taken without justification, contact the Law Office of Amanda Skillern to schedule a confidential consultation. Amanda will review what happened, discuss appropriate defenses, and help you take the right steps to fight for the return of your property. Call 346.291.0432 or contact us online to request a confidential consultation today.

Related: How Texas Police Can Abuse Civil Asset Forfeiture