Did you know that in Texas, civil forfeiture laws allow police to seize your property, even if you have not been charged with a crime? While many civil asset forfeiture cases do involve criminal charges, there are many cases where property is seized solely on the suspicion that it is involved with criminal activity. Experienced Texas criminal defense lawyer Amanda Skillern represents clients in both civil asset forfeiture and criminal cases.
Whether you have had your assets seized or are facing criminal charges, our firm is prepared to help you protect your legal rights and fight the case. To learn more about your legal rights in civil asset forfeiture or criminal cases, contact the Law Office of Amanda Skillern, PLLC, today at (346) 291-0432.
Civil Asset Forfeiture Laws in Texas
Civil asset forfeiture is a legal process that allows law enforcement to seize property suspected of being involved in criminal activity. This includes property suspected of being used to commit a crime, or property that police suspect was obtained from criminal activity, such as cash linked to drug trafficking.
According to Chapter 59 of the Texas Code of Criminal Procedure, any property that is suspected of being contraband may be seized by a Texas police officer. Contraband is defined as any type of property that is used in the commission of a crime or obtained through crime. This may include cash, vehicles, mobile phones, computers, and any other real, personal, tangible, or intangible property.
Your property can be seized even if police do not file charges for the suspected criminal activity. Civil asset forfeiture proceedings occur separately from any criminal charges. Once assets are seized, police must file a civil forfeiture lawsuit to keep your assets permanently. You have the right to challenge this lawsuit in court and should strongly consider hiring an experienced Texas civil asset forfeiture lawyer for legal guidance throughout this process.
Common Defenses to Civil Asset Forfeiture in Texas
An experienced Texas civil asset forfeiture lawyer can help you construct a legal defense to argue for the return of your seized property. Some of the most common defense arguments used in these cases include:
- Providing evidence that proves the seized property was not related to criminal activity in any way.
- The innocent owner’s defense argues that you had no knowledge of the related crime and should not have reasonably been expected to know about the crime.
- You were unable to stop the crime related to the seizure due to family violence and fear for your safety.
- Showing evidence that the search that uncovered the assets was illegal.
The right defense strategy will depend on the specific circumstances of your case. Experienced Texas civil asset forfeiture lawyer Amanda Skillern can review all of the details of your case, help you construct a sound defense strategy based on the facts, and argue on your behalf during court proceedings.
Federal Asset Forfeiture
Like their state counterparts, federal asset forfeiture laws allow the government to seize property and assets believed to be connected to criminal activity. This process can occur in both civil and criminal contexts, often leaving individuals and businesses struggling to reclaim their property. Here’s an overview of how these laws work, the procedures involved, and the defenses that can be employed.
Federal Asset Forfeiture Laws
Federal asset forfeiture laws are designed to disrupt criminal organizations by targeting their financial foundations. The government can seize assets linked to crimes such as drug trafficking, money laundering, fraud, and other illegal activities. There are three main types of federal asset forfeiture:
- Criminal Forfeiture: This occurs after a conviction for a crime. The forfeiture of the property is considered part of the penalty for the criminal offense.
- Civil Forfeiture: This does not require a criminal conviction. Instead, the government must prove that the property is connected to criminal activity, often using a lower standard of proof than in criminal cases.
- Administrative Forfeiture: This does not require a lawsuit be filed in federal court and is similar to the State default judgment process.
Procedures for Asset Forfeiture
The process for asset forfeiture involves several steps, some of which are similar to state procedures:
- Seizure: The government seizes the property based on probable cause that it is connected to criminal activity. This can include cash, vehicles, real estate, and other assets.
- Notice: The government must notify the property owner of the seizure and the intent to forfeit the property. This notice includes information on the multiple options available to the owner, along with the associated deadlines and processes.
- Response: Because there are multiple options available, the process for notifying the federal government that you are pursuing the return of your property is dependent upon the avenue you choose. An experienced federal asset seizure attorney can explain these options and advise you which avenue, and strategy, to pursue.
How Can I Get Seized Property Back From Law Enforcement?
It’s important to note the difference between seized and forfeited assets. Police first seize assets that they believe are connected to a crime, but this seizure is temporary at first. Law enforcement must then file a civil lawsuit and obtain a finding that the property is contraband before your property is permanently forfeited and you permanently lose ownership.
There are numerous potential outcomes to civil asset forfeiture lawsuits. The most common outcomes 1) your property, in its entirety, is returned to you, 2) your assets are permanently forfeited, 3) a ‘middle ground’ agreement is reached between the parties and the assets are divided. However, Amanda Skillern believes that all successful outcomes do not look the same, and has creatively drafted many agreements/outcomes that accomplished both parties’ intended results.
Most importantly, you, or your attorney, must respond to the government’s action, in the correct manner, within the allotted time. If you fail to do so, it is nearly impossible to obtain the return of the property. When an owner responds to the lawsuit and challenges the seizure, the government has to provide proof of more than just ‘suspicions’ and ‘feelings’ that the property is contraband or associated with criminal activity.
The Intersection of Criminal Defense and Civil Asset Forfeiture
Although there is no requirement to file criminal charges before seizing assets, many civil asset forfeiture cases do involve such charges. Common charges associated with civil asset forfeiture include drug trafficking and money laundering. Individuals charged with these offenses often have their assets seized after law enforcement alleges a connection between the assets and the charged offense.
If you have had your assets seized and been charged with a crime, you should consider consulting with an attorney with experience in both civil asset forfeiture and criminal defense. These lawyers can develop defense strategies that address both criminal charges and asset forfeiture proceedings simultaneously.
Before opening her private practice, Texas criminal defense and civil asset forfeiture lawyer Amanda Skillern spent more than eleven years as an Assistant District Attorney in Houston, handling criminal charges AND asset seizure cases. This background gives her a thorough understanding of both sides of the criminal justice system, and in-depth insight into the correlation of the criminal justice and civil asset forfeiture processes.
Criminal Defense Practice Areas
The Law Office of Amanda Skillern, PLLC, represents clients accused of a wide range of criminal offenses. Here are some of the most common cases we handle.
Drug Offenses
Texas has some of the strictest drug laws in the country. In drug cases, defendants face serious legal consequences, such as long jail sentences and hefty fines. In addition, these consequences also often involve the potential loss of assets through civil asset forfeiture.
Our firm understands how to address both the criminal and civil aspects of facing a drug charge. We understand the gravity of drug charges and work tirelessly to protect our clients’ rights, challenge the prosecution’s evidence, and pursue favorable outcomes. We also help our clients challenge the seizure of assets and fight for the return of wrongfully seized assets.
Money Laundering
Money laundering charges can have numerous legal and financial implications, including the forfeiture of financial assets believed to be connected to illegal transactions. At the Law Office of Amanda Skillern, PLLC, we diligently examine the evidence, challenge asset seizures, and fight to protect the legal rights and financial interests of our clients. Our deep understanding of both criminal defense and civil asset forfeiture law positions us to achieve favorable outcomes and protect our clients from the consequences of a money laundering conviction or asset forfeiture.
Gambling Offenses
Texas has strict and complex gambling laws. Most forms of gambling are illegal, but the state is also home to several poker rooms and gambling halls that operate in a legal gray area. Sometimes, these establishments are allowed to operate only if they are registered as private clubs that charge membership fees, as gambling in public establishments is illegal in the state.
Gambling laws are outlined in Chapter 47 of the Texas Penal Code, which states that the following gambling-related activities are illegal:
- Betting on the outcome of games, contests, or performances. It is also illegal to profit from such bets.
- Operating a gaming room or engaging in bookmaking for profit.
- Using or allowing someone else to use your property for gambling to gain financially from their bets.
- Using a communication device to send betting odds or gambling results.
If you have been charged with a gambling offense in Texas, it is important to be aware of your legal rights. You can learn more by speaking with a Texas gambling lawyer at the Law Office of Amanda Skillern, PLLC.
Legal Strategies For Building a Strong Defense to Criminal Charges
Building a strong legal defense requires a careful evaluation of the circumstances of the case and the available legal strategies based on those circumstances. Key strategies include challenging evidence, presenting mitigating factors, and searching for procedural errors, such as illegal searches and seizures.
Challenging evidence involves scrutinizing the prosecution’s case for weaknesses, inconsistencies, or violations of the defendant’s civil rights. This may include filing pre-trial motions to suppress illegally obtained evidence, impeaching unreliable witnesses, or highlighting gaps in the prosecution’s narrative. Presenting mitigating factors involves highlighting circumstances that may justify or mitigate the defendant’s actions, such as a lack of intent, coercion, or mental impairment.
A skilled defense attorney can use these legal strategies to weaken the prosecution’s case and advocate effectively on behalf of their clients. They can also draw upon their knowledge of the legal system, their experience, and their connections with prosecutors to seek favorable outcomes, such as plea deals or reduced charges, depending on the circumstances of the case.
Discuss Your Case With an Experienced Texas Civil Asset Forfeiture and Criminal Defense Attorney
If you have been charged with a crime or have had your property seized in Texas, you should strongly consider consulting with an experienced Texas civil asset forfeiture and criminal defense attorney. At the Law Office of Amanda Skillern, PLLC, we have experience handling both types of cases and are prepared to provide you with the legal guidance you need. Call us today at (346) 291-0432 to discuss your case in a free consultation.
