What is Texans Against Asset Forfeiture?
Texans Against Asset Forfeiture is a collaboration between law firms to fight back against law enforcement’s prolific use of Civil Asset Forfeiture. Every year Texans have millions of dollars of assets seized by law enforcement. Civil Asset Forfeiture cases are then placed in a complicated criminal/civil hybrid legal system where there is no right to a court appointed attorney, unique deadlines and discovery rules, and a lower burden of proof than a criminal case. The seized assets are almost always uncontested and therefore, law enforcement retains them often without a fight. Law enforcement then use these seized assets to pay their salaries, throw themselves parties, and even go on trips.
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Texans Against Asset Forfeiture finds this system perverse and exploitative. Texans Against Asset Forfeiture was coordinated to fight back.
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We fight back by standing up against an exploitive system. We fight back by pairing attorneys that specialize in civil law and criminal law so that every aspect of these cases is understood. We fight back by challenging the State throughout the process and making them prove every aspect of the case before the seized assets are forfeited.
01
What is Civil Asset Forfeiture
Civil asset forfeiture in Texas is a legal mechanism empowering law enforcement agencies to seize assets suspected of involvement in criminal activities, even if the owner hasn’t faced any criminal charges. These assets encompass various forms like cash, vehicles, real estate, and other properties believed to have ties to illegal acts such as drug offenses, organized crime, or fraud. This process allows law enforcement to take possession of these assets based on probable cause linking them to criminal activity
02
The Purpose and Execution
The primary intent behind civil asset forfeiture is to disrupt criminal organizations by removing access to tools utilized in committing crimes, such as money funding illicit activities. Additionally, it aims to deter future criminal endeavors by stripping away the profits gained from those activities. However, in certain instances, civil asset forfeiture is misused, leading to the confiscation of property from innocent owners for the benefit of law enforcement agencies
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Legal Proceedings
For law enforcement agencies to permanently seize property, they must pursue a legal route through the courts. To retain possession of the property, they require a court-issued order, often referred to as a "judgment of forfeiture." This judgment is obtained through a forfeiture lawsuit filed by the agency's attorney in state court. It’s important to note that this legal action is a civil case, not a criminal one, and it's brought against the property itself rather than the property owner
04
Does Law Enforcement need a Warrant to seize property?
No, law enforcement does not always need a warrant to seize property. A police officer can seize property if there is probable cause that the property is contraband.
05
If my property is seized, is it automatically forfeited?
No, seizure doesn't mean automatic forfeiture. Property is forfeited only if the State wins a court judgment. Until then, you have the right to challenge the State's case.
06
Do I have to be charged or convicted of a crime for my property to be seized?
No. Law enforcement can seize property even without ever charging a person with a crime.
07
Can I get my property back before the case is decided?
Under Article 59.02(b) of the Texas Rules of Criminal Procedure temporary return is possible in some cases by posting a bond equal to the property's value, with conditions to return it if you lose the case. This does not apply to property held as evidence in a criminal investigation or pending criminal case, money, a security, or a negotiable instrument.
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How long can the State hold my property without filing a lawsuit?
The State must file a lawsuit within 30 days of taking your property. There are exceptions to this if the Federal Government is involved in the forfeiture. After filing a lawsuit, the State must then provide notice to the owner of the property and any interest holder. Failure to adhere to these requirements could lead to legal recourse for the property owner
09
What if the property is my home?
Even a homestead can be seized and forfeited in Texas without defense under homestead laws.
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What is the State's burden of proof?
The State must prove by a preponderance of evidence that your property is contraband, not necessarily that a crime occurred. This is different than the beyond a reasonable doubt standard of proof in a criminal case. Here, the State needs to prove that the property was more likely than not used or intended to be used in the commission of a crime.
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What are some defenses I can use to challenge a seizure?
Various defenses exist, including the innocent owner defense, family violence, lack of criminal nexus between the alleged crime and the property, and prior ownership of the asset.
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How can I get my property back?
There are many ways to get your property back. The State can dismiss its suit, a settlement can be reached between the State and the owner, a court can grant a summary judgment motion in your favor, or, after trial, a court finds in the owner’s favor and orders the return of the property.
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What can the State do with my property if I lose the case?
After forfeiture, law enforcement can utilize the property for various purposes including paying for salaries, training, office supplies, and trips.
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What is the State's burden of proof?
The State must prove by a preponderance of evidence that your property is contraband, not necessarily that a crime occurred. This is different than the beyond a reasonable doubt standard of proof in a criminal case. Here, the State needs to prove that the property was more likely than not used or intended to be used in the commission of a crime.
