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Greater Houston Real Estate Forfeiture Lawyer
In Texas, asset forfeiture laws allow law enforcement to seize any real estate they believe may have been used for, or obtained with, the proceeds from criminal activities. This means that if the authorities believe you used your home or any other real property for criminal purposes or bought it with funds that came from certain criminal activities, they can seize it, often permanently.
At the Law Office of Amanda Skillern, PLLC, we understand the difficulties you face after having real estate assets seized. You may wonder where you will live and how you will get your property back. Fortunately, there are steps that a Houston real estate forfeiture lawyer can take to protect your rights and help you recover the seized assets. Contact us today at 346-291-0432 to schedule a free consultation.
When Can Authorities Seize Your Real Estate?
The police can seize real estate properties if they believe the property is linked to criminal activities. Below is an overview of common scenarios that may lead to real estate forfeiture.
Involvement in Drug-Related Offenses
One of the most common reasons for real estate forfeiture is law enforcement’s belief that the property is involved in drug-related offenses. Police may seize, and seek forfeiture if they believe the property has been used to manufacture, distribute, or store illegal drugs. These seizures can include homes, businesses and even unimproved land. Owners need to be vigilant and ensure their properties are not misused for such activities, as ignorance of illegal use is not always a sufficient defense.
Financial Crimes and Money Laundering
Financial crimes, including money laundering, are another common reason for real estate forfeiture in Houston. Properties that law enforcement believes were purchased with illicit funds or used to facilitate financial crimes are subject to seizure. This includes real estate transactions aimed at concealing the origins of illegally obtained money. Property owners must ensure their transactions are transparent and legal, as even unwitting involvement in money laundering activities can lead to real estate seizures and forfeitures.
Other Common Real Estate Forfeiture Scenarios
Beyond drug-related offenses and financial crimes, various other scenarios can result in real estate forfeiture. Properties believed to be involved in illegal gambling operations, human trafficking, or fraud schemes are also at risk. These activities often generate substantial illicit profits and make real estate a target for seizure and forfeiture. Property owners should stay aware of the activities occurring on their premises and take immediate action to address any illegal conduct to avoid potential forfeiture.
What You Need to Know About Real Estate Forfeiture in Houston
The statutes and laws governing real estate forfeiture can be found in Chapter 59 of the Texas Code of Criminal Procedure. Under these laws, the police may seize any property they believe to be used for or derived from criminal activity, even without filing a charge against the owner. Below is an overview of the steps involved.
Initial Search and Seizure
The real estate forfeiture process begins with the initial search and seizure by the police. This typically occurs during a criminal investigation or raid on a property suspected of being involved in illegal activities. When the police seize real estate property, they must formally notify you of their action and your rights, including the right to challenge the seizure.
Forfeiture Notice and Response
If the government wants to permanently forfeit the seized property to the state, it must file a lawsuit against the property itself. Within 30 days of the seizure, the government must provide you with a notice of the seizure, known as a petition. This petition must be served to you in person.
After receiving the petition, you must file a response, which should include your defenses if any are applicable. This response must be filed in the same court where the lawsuit was filed. If you do not file a response by the deadline, the property could be permanently forfeited to the state through a default judgment.
Civil Asset Forfeiture Hearing and Judgment
Once you have filed your response, the parties may engage in negotiations, discovery or both. If the parties are unable to reach an agreement, a civil asset forfeiture court hearing is scheduled. This is a civil hearing, not a criminal one, where both sides can present their case.
In a criminal case, the standard of proof is guilt beyond a reasonable doubt. However, in a civil asset forfeiture hearing, the standard is a preponderance of evidence. This means the state must only prove that it is more likely than not that your property was used in criminal activity or purchased with proceeds from criminal activity.
You and your lawyer will have the opportunity to present a defense and seek the return of the property. You may provide evidence, call witnesses, and make legal arguments. If the court rules in your favor, the seized property may be returned. A ruling in favor of the state will result in the permanent forfeiture of the property.
Defenses Against Real Estate Forfeiture
If your real estate property has been seized under civil asset forfeiture laws, you may have a viable defense. An experienced Houston civil asset forfeiture lawyer can review your case and help you determine which defenses may be applicable.
Proving Innocent Ownership
The innocent owner defense involves proving that the property owner was not aware of the illegal activities occurring on their property. Your lawyer can help you establish that you did not consent to or participate in the criminal activities. This defense is particularly relevant in cases where the property was rented out or otherwise used by third parties without the owner’s knowledge. Working with a knowledgeable attorney is essential for arguing this defense and gathering the necessary evidence.
Challenging the Evidence
This strategy involves analyzing the evidence for inconsistencies, inaccuracies, or lack of credibility. Questioning the validity of the evidence may allow the defense to weaken the prosecution’s case and potentially have the forfeiture dismissed. An experienced civil asset forfeiture lawyer can identify flaws in the state’s case, such as improperly obtained evidence or unreliable witness testimonies.
Steps to Take if Your Real Estate is Seized
Your actions during and after the seizure of your property can impact the outcome of your case. Here are some ways to protect your rights and maximize your chances of having your property returned.
Protect Your Rights
Do not make any statements to law enforcement without a lawyer present. Assert your right to remain silent and do not consent to searches without a valid warrant. Your top priority should be contacting a skilled civil asset forfeiture lawyer.
Contact a Civil Asset Forfeiture Lawyer
Contact an experienced civil asset forfeiture lawyer as soon as possible following the seizure of your property. A qualified attorney can review the allegations against you (and the property) help you understand your legal options, safeguard your rights, and develop a strong defense strategy.
Gather Evidence
An experienced civil asset forfeiture attorney will be able to point you to potential sources of evidence. Collect this evidence such as receipts, communications, and documentation proving property ownership. If the property was rented out, gather documentation to prove that as well. This information may be used as evidence when challenging the forfeiture. Work closely with your attorney to ensure that all relevant information is collected and organized.
Prepare for Court
Preparation is essential when challenging real estate seizures. Collaborate with your attorney to understand the process, potential outcomes, and your rights. An experienced civil asset forfeiture attorney will prepare diligently for court appearances, hearings, and other legal proceedings by reviewing evidence, developing persuasive arguments, and anticipating potential challenges. Assisting your attorney with this thorough preparation can help you improve your chances of recovering your property.
How a Greater Houston Real Estate Forfeiture Lawyer Can Help
Facing real estate forfeiture is a serious matter, but Amanda Skillern and her team have the experience, resources, and legal acumen you need to address these challenges. Here’s how we can help:
- Thorough Case Analysis: Amanda Skillern brings over a decade of experience as a former Assistant District Attorney, where she handled a wide range of criminal cases, including asset forfeiture matters. She will analyze the details of your case to identify any weaknesses in the prosecution’s claims and build a defense.
- Strong Legal Representation: Amanda Skillern will represent you in all related proceedings, ensuring that you have a strong advocate on your side. Her extensive courtroom experience includes managing thousands of cases and participating in numerous trials, which equips her to effectively present your case and challenge the forfeiture.
- Strategic Defense Planning: Leveraging her background in handling complex investigations and analyzing financial transactions, Amanda Skillern will develop a defense strategy tailored to your situation. This may involve contesting the evidence, questioning the methods used to seize the property, and presenting alternative explanations for the property’s use or ownership.
We understand that facing real estate forfeiture can be stressful. Amanda Skillern’s extensive experience in both prosecution and defense allows her to offer not only legal support but also reassurance and guidance throughout your case. Contact us today to discuss how we can help protect your property and your future.
Schedule a Free Consultation With a Houston Real Estate Forfeiture Lawyer
When facing real estate forfeiture, securing the right legal representation should be your next step. Amanda Skillern’s extensive experience and dedication to her clients make her the ideal advocate for your case. Don’t face this challenging situation alone—reach out to the Law Office of Amanda Skillern, PLLC for the support and expertise you need. Contact us today to discuss your case and learn how we can help protect your property and your future.
