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Greater Houston Vehicle Forfeiture Lawyer
If you’re accused of a crime in Texas, criminal penalties may not be the only consequence. Any property allegedly used to commit the offense may be seized and forfeited to the state, including your car and other vehicles. This can leave you without a way to get to work, attend school, and run important errands.
While there are ways to recover your seized vehicles before they are forfeited, they require guidance from a Houston civil asset forfeiture lawyer. Attorney Amanda Skillern has helped many clients fight for the return of seized vehicles and other assets, and will apply that same diligent advocacy to your case. To schedule a free consultation, contact the Law Office of Amanda Skillern, PLLC, at 832-954-4722.
When Can Houston Police Seize Your Vehicle?
According to Title I, Chapter 59 of the Texas Penal Code, Texas law enforcement may seize vehicles and any other assets that they believe to be contraband. This statute defines contraband as any type of funds or property that police have reason to believe has been used for or obtained through certain criminal activity.
You don’t need to be charged with a crime for your vehicle to be seized. Mere suspicion of a link to criminal activity is sufficient. The police then file a lawsuit against the vehicle itself to have it permanently forfeited to the state. However, you have the right to challenge this seizure in court and fight for the return of your property.
Common Reasons for Vehicle Forfeiture
In Texas, vehicle forfeiture can occur under various circumstances. Whether it’s due to suspected involvement in criminal activities or other specific offenses, knowing the potential triggers can help you avoid such situations and protect your property.
Drug-Related Offenses
Suspicion of involvement in drug-related activities is a top reason for vehicle forfeiture. If the police believe that a vehicle has been used to transport, store, or facilitate the sale of illegal drugs, they have the authority to seize it. In such cases, the vehicle is considered an instrument of crime and directly involved in illegal activity. For example, being caught with a significant amount of controlled substances in your car can result in immediate seizure. However, you may lose your vehicle even if you have not been charged with a drug-related offense.
Involvement in Other Criminal Activities
Vehicles believed to have been used in any type of criminal activity may be subject to seizure and forfeiture. This includes crimes like robbery, human trafficking, or any illegal enterprise where the vehicle plays a role. Other common scenarios include illegal racing, doing ‘donuts’, transporting stolen goods, or being used as a getaway vehicle.
You should be careful about lending your car to other people, as it could be seized if used for an illegal purpose, even if the action takes place without your knowledge. Proving a lack of knowledge or consent can be used as a legal defense, but doing so often proves difficult.
How Does Vehicle Forfeiture Take Place?
If your vehicle has been seized by Houston police, it’s important to understand what happens next and how civil forfeiture works in general. Below is an overview of the key steps involved, from initial notification to the court hearing.
Notification and Seizure
The forfeiture process starts when the vehicle is seized due to suspicion of being involved in criminal activity. The state must then provide you with a notice of the seizure, which outlines the reasons for the confiscation as well your right to contest them. You should carefully review the notice, as it contains detailed information about the alleged offense and the legal basis for the seizure. Understanding these details is the first step in preparing a defense.
Filing a Forfeiture Case
Once the vehicle has been seized, the authorities must file a forfeiture case in court. This involves submitting a formal complaint that details the grounds for the forfeiture. You will receive a copy of this complaint and have the opportunity to respond.
At this stage, you or your attorney can file a response to the forfeiture complaint. This response should outline your defenses and any arguments against the forfeiture. If you fail to respond by the deadline, the vehicle could automatically be forfeited to the state through a default judgment.
Civil Asset Forfeiture Hearing
If the parties are unable to reach an agreement, the final step is the civil asset forfeiture hearing. During the hearing, both you and the state will present your cases, which may include evidence and witness testimonies. The court will evaluate whether there is sufficient reason to believe that the vehicle was involved in criminal activity and if the forfeiture is justified under the law.
Preparation is essential for this stage. Your defense attorney must be ready to challenge the prosecution’s evidence, question the legality of the seizure, and argue any applicable defenses. The outcome of the hearing will determine whether the vehicle is returned to you or permanently forfeited to the state.
Defenses Against Vehicle Forfeiture
To recover a seized vehicle, you need a strong defense. An experienced Houston civil asset forfeiture attorney can analyze the evidence and the circumstances of the seizure before determining the best strategies to challenge it.
Innocent Owner Defense
The innocent owner defense applies when the vehicle’s owner had no knowledge of or involvement in the illegal activity that led to the seizure. If you can prove that you were unaware of the criminal conduct and had no reason to suspect it, you may be able to reclaim your vehicle. This defense is particularly relevant when the vehicle was used by someone other than the owner.
For example, if a friend or family member borrowed your car and used it for illicit purposes without your consent or knowledge, you could argue the innocent owner defense. Providing evidence like communication records, testimonies, and other relevant documentation can prove your lack of involvement.
Lack of Probable Cause
Law enforcement must have a valid reason to believe that the vehicle was involved in illegal activity before pulling it over or seizing it. Your attorney will examine the circumstances surrounding the seizure and look for any weaknesses in the state’s case. If the initial stop or search of the vehicle was conducted without proper justification, this can serve as a strong argument for the return of your vehicle.
Procedural Violations
Procedural violations occur when law enforcement fails to follow the proper legal protocols during the seizure. This can include failing to provide timely notice of the forfeiture, conducting an unlawful search, or not following due process requirements. Identifying and highlighting these procedural errors can undermine the prosecution’s case and lead to the return of your vehicle.
How Can a Houston Vehicle Forfeiture Lawyer Help?
If you have had a vehicle seized by law enforcement or have received notice of forfeiture proceedings, you need assertive legal representation. Amanda Skillern has extensive experience in many courts handling vehicle forfeiture matters and can provide you with the support and direction you need after an asset seizure.
Thorough Case Analysis
Amanda Skillern will start by thoroughly reviewing your case. With her extensive background as a former Assistant District Attorney, she has handled a wide range of criminal cases, along with civil asset forfeitures. She will use this experience to identify any weaknesses in the prosecution’s case and develop a strong defense strategy.
Assertive Legal Representation
Amanda Skillern will represent you in court as well as during interactions with the police. Her experience in managing thousands of cases and participating in numerous trials equips her to effectively challenge the forfeiture of your vehicle.
Strategic Defense Planning
Drawing on her background in handling complex criminal investigations, Amanda Skillern will develop a defense strategy tailored to your case. This may involve contesting the evidence, questioning the methods used to seize the vehicle, and presenting alternative explanations for the vehicle’s use. Her goal is to build a compelling case to support the return of your vehicle.
Clear and Consistent Communication
Amanda Skillern believes in keeping her clients well-informed throughout the process. She will provide regular updates on your case, explain your options clearly, and help you make informed decisions. Her client-focused approach ensures that you understand every step of the process and feel confident in your defense.
Facing vehicle forfeiture can be stressful, but Amanda Skillern is here to offer not only legal support but also reassurance and guidance. Her extensive experience in both prosecution and defense allows her to offer a balanced perspective and strong support for your case. Contact the Law Office of Amanda Skillern, PLLC today to discuss how she can help you get your vehicle and any other property back.
Learn More From a Houston Vehicle Forfeiture Lawyer
If you’ve had a vehicle seized, it’s important to act quickly. Amanda Skillern’s extensive background and client-focused approach make her the ideal advocate for your case. Contact us today to discuss your case and learn how we can help you recover your vehicle. We are ready to stand by your side and fight for your rights, so call 832-954-4722 to learn more about what we can do for you.
