If you’ve had your assets seized due to drug trafficking charges in Texas, you’re likely feeling frustrated, angry, and overwhelmed. This loss on top of criminal charges creates an enormous burden, and it can feel like the whole world is against you — but there’s good news: you have the right to fight back and potentially reclaim what’s yours.
Challenging asset forfeiture in Texas requires a series of complex legal procedures. The key steps include:
- Filing a written claim to contest the forfeiture
- Gathering evidence to prove your assets were not connected to criminal activity
- Presenting your case at a civil court hearing
While it’s possible to represent yourself, the process is highly complex. At this point you’re facing both the criminal charges against you and making a civil motion, in a separate court, to return your assets. Your best chance at success is working with an experienced Laredo drug trafficking attorney to help return your assets and fight your criminal charges.
The legal team at Guzman Law Firm has a proven track record of helping clients fight unfair seizures and reclaim their property. Don’t face this battle alone — call 956-516-7198 or contact us online today for a consultation on your case.
What is the asset forfeiture law in Texas?
Asset forfeiture is a legal process that allows law enforcement to seize property they believe is connected to criminal activity, particularly drug-related offenses.
In Texas, there are two types of asset forfeiture: civil and criminal. Drug-related civil asset forfeiture, meaning the seizure of property without necessarily requiring a criminal conviction, is particularly controversial because it means your property can be taken even if you’re never charged with or convicted of a crime. Whereas criminal asset forfeiture occurs after a person is convicted of a crime.
Under Chapter 59 of the Texas Code of Criminal Procedure, law enforcement can seize various types of property, including:
- Cash and monetary instruments
- Vehicles
- Real estate
- Personal property
The drug-related civil asset forfeiture meaning extends beyond just seizing illegal substances. It allows authorities to confiscate any property they suspect is either:
- Proceeds from drug trafficking
- Used to facilitate drug crimes
So, what happens to seized drug money? Typically, it’s distributed among law enforcement agencies. The funds may be used for various purposes, including equipment purchases, training programs, and community outreach initiatives.
How to get money back from the DEA
If the Drug Enforcement Administration (DEA) has seized your assets, you can take specific steps to challenge the forfeiture and potentially recover your property. Here’s a detailed look at the process:
1. File a written claim to contest the forfeiture
To initiate the process of reclaiming your assets, you must file a formal claim with the DEA. This claim should:
- Be filed within the deadline specified in the seizure notice (typically 30 – 35 days)
- Include a detailed description of the property you’re claiming
- Clearly state your interest in the property (e.g., owner, lien holder)
- Be signed under penalty of perjury
It’s important to file this claim promptly and accurately, as any mistakes or missed deadlines could lead to the automatic forfeiture of your property.
2. Gather evidence
You’ll need to collect and present evidence that demonstrates your assets were obtained through legal means and were not involved in or derived from criminal activities. This may include:
- Financial records showing the legitimate source of funds
- Employment records or business documents proving legal income
- Receipts or documentation for purchases
- Witness statements or affidavits supporting your claim
- Any other relevant documentation that proves the legal origin of your assets
Remember, in civil asset forfeiture cases, the burden of proof is often on you to show that your property is not connected to criminal activity.
3. Present your case at a civil court hearing
If your claim is accepted, your case will proceed to a civil court hearing. This is your opportunity to present your evidence and arguments before a judge. During this hearing:
- You or your attorney will present the evidence you’ve gathered
- You may call witnesses to testify on your behalf
- You’ll have the chance to cross-examine any government witnesses
- You can make legal arguments challenging the basis of the seizure
It’s important to note that these hearings can be complex, involving intricate legal procedures and arguments. If you go at it alone, you are essentially destined to fail, but having an experienced federal criminal defense attorney help you present your case effectively can give you the best chance at recovering your assets.
Do you need a lawyer to fight asset forfeiture?
When facing asset forfeiture, the experience of a lawyer for felony drug charges in Texas can be invaluable. Here’s what a lawyer can offer:
- Deep understanding of complex laws: An experienced attorney stays up-to-date with federal and Texas-specific forfeiture laws, recent court decisions, and nuances in how different jurisdictions handle these cases.
- Strategic case building: Experienced attorneys know how to identify weaknesses in the government’s case, gather compelling evidence, and develop strategies tailored to your specific situation. This experience can significantly strengthen your position.
- Negotiation skills: Many forfeiture cases are resolved through negotiation. A skilled attorney can engage in productive dialogues with law enforcement agencies, potentially securing the return of some or all assets without going to trial.
- Procedural understanding: Asset forfeiture cases involve strict deadlines and specific filing requirements. An attorney ensures all necessary paperwork is filed correctly and on time, proper procedures are followed, and your rights are protected at every stage.
- Courtroom experience: If your case goes to trial, having an attorney with courtroom experience is crucial. They can present your case persuasively, cross-examine government witnesses effectively, and make compelling legal arguments.
- Civil and criminal assistance: Asset forfeiture often occurs alongside criminal charges. An experienced criminal defense lawyer can help develop a comprehensive strategy to address both the civil and criminal aspects of your case.
- Cost-effectiveness: While hiring an attorney involves costs, it can be more economical in the long run. It increases your chances of recovering assets, potentially leads to faster resolution, and helps avoid costly mistakes in the legal process.
If you choose not to hire a lawyer, you risk missing critical filing deadlines or failing to challenge the government’s claims effectively. The complexities of asset forfeiture laws, combined with the high stakes involved, make it challenging to navigate the process alone.
Without proper legal guidance, you may struggle to negotiate with law enforcement or fully understand the evidence required to contest the forfeiture — not to mention leaving yourself exposed to criminal charges that could put you away for a long time.
Continue reading: How to get a drug trafficking charge dismissed
Need help fighting to get your assets back after a drug charge? Call Guzman Law Firm.
Navigating asset forfeiture after a drug trafficking charge in Texas, is a complex and high-stakes process. The laws are intricate, the procedures are strict, and the consequences of missteps can be severe. While it’s possible to fight asset forfeiture on your own, the odds of success dramatically increase with experienced legal representation.
This is where Javier Guzman and the team at Guzman Law Firm come in. With our deep understanding of Texas asset forfeiture laws and experience in drug trafficking cases, we are uniquely positioned to help you reclaim your property. Whether you’re facing a first-time drug possession charge in Texas or charges for conspiracy to distribute, Guzman is here to help.
Call 956-516-7198 or contact us online to schedule a consultation. Your property and your rights are worth fighting for, and we are ready to stand by your side in that fight.
More Helpful Articles by Guzman Law Firm:
- Steps to Take if Accused of Conspiracy Charges for Drugs
- Can a Convicted Felon Get a CDL?
- What Are the Penalties for Theft of a Firearm in Texas?
- What Felonies Disqualify You from Getting a CDL?
- What Is Illegal Search and Seizure in a Vehicle?
