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Greater Houston Civil Asset Forfeiture Lawyer
Did you know that federal and Texas laws allow law enforcement agencies to seize your assets if they believe they are connected to illegal activity? Even more worrying is that they, with little or no proof, can keep your property permanently if you don’t take action to recover it.
If the police have recently taken your cash, vehicle, or other property, the Law Office of Amanda Skillern, PLLC, is here to help you get it back. We understand the difficulties you face in recovering seized assets and will work hard to help you avoid forfeiture. We know the laws well and understand the importance of acting quickly to protect your rights and interests.
Seizure of assets can happen suddenly, leaving you feeling overwhelmed and unsure of what to do next. You might be worried about losing your hard-earned money or valuable property permanently. Amanda Skillern and her team are ready to provide the legal support you need. We will thoroughly review your case, gather necessary evidence, and build a strong argument to challenge the seizure. Our goal is to ensure you get your property back as soon as possible. To schedule a free consultation, call 346-291-0432.
What is Civil Asset Forfeiture?
In Texas, civil asset forfeiture laws are outlined in Chapter 59 of the Code of Criminal Procedure. These laws allow the police to seize assets believed to be connected to criminal activity, even if the owner hasn’t been charged with any crime. Frequently, the justification used by law enforcement is that they believe the assets, or property, is linked to drugs or organized crime.
For example, imagine you visit a casino and win $20,000 in cash. On your way home, a police officer stops you and sees the cash in your glove compartment. Under civil forfeiture laws, the officer can confiscate the cash if they claim to believe it is connected to illegal activity, like drug sales. They don’t even need to prove a crime occurred, only that there is enough evidence to suggest the property is contraband.
How Can a Greater Houston Civil Asset Forfeiture Lawyer Help?
A civil asset forfeiture lawyer can help you fight to get your property back. They will review your case and gather evidence to challenge the seizure. The lawyer can also:
- Argue that your property is not connected to any illegal activity.
- Ensure you meet all legal deadlines and requirements. This guidance is crucial, as missing a deadline or failing to file the correct paperwork can result in losing your property permanently.
- Negotiate with the authorities on your behalf.
- Work to demonstrate that the seizure was unjustified or based on incorrect assumptions. If necessary, they can represent you in a trial and help you argue for the return of your property.
- Identify any mistakes made by law enforcement during the seizure. For example, they can challenge the methods used to collect evidence or prove that the seizure violated your constitutional rights. By exposing these errors, your lawyer can weaken the case against you and improve your chances of recovering your assets.
Attorney Amanda Skillern is ready to help you reclaim your seized property. With her experience and dedication, she will work tirelessly to recover your property and help you put this distressing incident behind you.
The Civil Forfeiture Process in Houston
Civil asset forfeiture cases involve several steps that property owners should understand to protect their rights.
Initial Asset Seizure
The initial seizure (taking) of assets usually happens during criminal investigations, traffic stops, or property raids. Once seized, authorities must notify you and any other interested parties of the seizure and outline your rights.
Forfeiture Notice and Response
After the initial seizure, the government must provide you with an official forfeiture notice, also known as a petition. By filing this petition in court, the State begins a civil lawsuit seeking a court order or a judgment approving the forfeiture (permanent transfer of ownership to law enforcement or another entity) of the seized assets. This petition or notice explains the circumstances of the seizure and provides instructions for contesting it. The State must file this petition with the district court and serve it on you within 30 days of the seizure.
Once served, the party must file an answer in the same district court by 10:00 a.m. on or before the first Monday after 20 days have passed since being served. This answer outlines any defenses the party may have and should include any applicable pleas in bar.
Forfeiture Hearing and Default Judgments
The State may request a default judgment if the answer is not filed by the deadline. If granted, the court rules in favor of the state, and the seized assets are automatically forfeited, with no way to recover them. According to a Texas Tribune study, nearly 60% of seizures in 2016 were uncontested and ended in default judgments.
If the answer is filed on time and negotiations fail, a court hearing is scheduled. This hearing allows the property owner and their attorney to present their case. It is a civil hearing, not a criminal one, but it can have serious consequences for any related criminal charge. That is why it is extremely important to have an attorney who understands how to skillfully represent you in the civil case without exposing you to additional or new criminal liability. At this hearing, the State will attempt to show that it is more likely than not that the assets were linked to criminal activity.
Defenses Against Civil Asset Forfeiture
If the police have recently seized your assets, you should be aware of the possible legal defenses, which a Houston civil asset forfeiture lawyer will be able to explain and advise which may be applicable.
The Innocent Owner Defense
The innocent owner’s defense claims that you did not know of, were not involved in, and did not benefit from the illegal activity that led to the seizure. You and your attorney must prove your lack of connection to the alleged criminal activity. Evidence like financial records, witness testimony, or documentation of your legitimate income can support this defense.
Family Violence
The defense of family violence applies if you were involved in criminal activity due to coercion or duress related to family violence. This defense argues that your actions were a result of threats, intimidation, or manipulation by an abusive family member, making you fear for your safety. To use this defense, you must present evidence of the abusive relationship and its impact on your behavior.
Dismissal of Criminal Charges
If the criminal charges against you were dismissed or if you are acquitted, you can use this outcome to challenge the forfeiture. Dismissal of the criminal charges undermines the government’s basis for the seizure and casts doubt on the legitimacy of the forfeiture lawsuit.
Houston Civil Asset Forfeiture FAQ
Do Police Need a Warrant to Seize My Property?
Police do not need a warrant to seize property under civil asset forfeiture laws. They can take your assets if they believe the property is connected to criminal activity. This can happen during traffic stops, raids, or other investigations. The police only need to show probable cause that the property is involved in a crime. This means they must have reasonable grounds to think the property is linked to illegal activity. Even if you are not charged with a crime, the police can still seize your assets under these laws.
What Types of Property Can Be Seized Under Civil Asset Forfeiture?
Law enforcement officers may seize any type of property that they believe is intended to be used in, was used in, or was derived from criminal activities. This includes physical assets like cars, boats, homes, weapons, cash, and even clothing and accessories. It also includes non-physical property like bank accounts and royalties.
Discuss Your Case With Our Houston Civil Forfeiture Lawyers
If the police have wrongfully seized your property under Texas’ civil asset forfeiture laws, you have legal rights. Let the Houston civil asset forfeiture lawyers at the Law Office of Amanda Skillern, PLLC stand by your side and help you fight for the return of your hard-earned assets. Contact us online or call 346-291-0432 to schedule your free consultation today.
