In the United States, you have a number of important rights, including protections from unreasonable searches and seizures of your property. This means the police must have a warrant, consent, or probable cause to search your property and take assets. However, there is a loophole you may be unfamiliar with. The police in Texas, and across the country, can take your assets through civil asset forfeiture, even if you haven’t been charged with a crime. If you’ve had this happen to you, understanding your rights is critical. The following blog explores this process in further detail and why working with experienced Houston criminal defense attorneys is in your best interest.
What Is Civil Asset Forfeiture?
When law enforcement has reason to believe that property is connected to a crime, they can take the property through a process known as civil asset forfeiture. This is true even if there are no charges against the owner of the property. If the police believe the assets were used to commit a crime, purchased with money obtained through a crime, obtained illegally, or intended to commit a crime, law enforcement can legally take the assets. There are practically no limitations on what property can be taken, meaning cars, jewelry, cash, bank accounts, weapons, and electronics can all be taken if the police believe it’s related to criminal activity.
It’s important to understand that civil asset forfeiture is markedly different from criminal forfeiture. When you are arrested and charged with a crime, the police have the right to seize property that they believe is connected with the crime. For example, if you are charged with possession of child pornography, they can take all electronics from your home. However, the police can legally take almost anything by claiming it’s related to a crime.
For example, if you are driving home after a day of fundraising for your child’s travel baseball team, you may have a considerable amount of cash in your vehicle. If you are pulled over, the officer can legally take the money if they believe you obtained it through selling drugs.
Is It Possible to Recover Seized Assets?
If you have been the victim of civil asset forfeiture, it’s important to understand that you’ll need to attend a hearing to fight to have any property confiscated returned to you. At this hearing, you can challenge the seizure of these assets on the grounds that you didn’t know someone else used your property, that the property was not used to commit a crime, or that you owned the property prior to the commission of a crime and therefore it was not obtained through illegal means.
It’s important to understand, however, that if you are charged with a crime and later convicted, you will be unable to get your property returned, as the courts may issue an order permanently depriving you of the assets.
If you’ve wrongfully had your property seized and that led to being charged with a criminal offense, it’s imperative to understand your legal options. At the Gonzalez Law Group, our team understands how difficult these matters can be. That’s why we will do everything in our power to help you fight for the best possible outcome for your circumstances. Contact us today to learn how we can assist you.
