Many individuals are unaware that the government can seize their property if they suspect the property is involved in criminal activity. This process is known as asset forfeiture and can take place in either a civil or criminal case.
It can be frustrating to have the government seize your property, especially if you are not facing criminal charges. Daniel Werlinger, an experienced attorney, has helped numerous clients who have fallen victim to government asset forfeiture. He is dedicated to protecting your rights and fighting for the return of your property.
Werlinger Law Group firmly believes in upholding the Constitution and ensuring that individuals are protected from unjust government interference, including unwarranted seizure of their property. His successful track record in court speaks for itself.
After law enforcement seizes your property in Texas, the government has a small window to file a forfeiture lawsuit in state court. If you have been served with a suit, you have a matter of days to respond to the suit in order to prevent the government from taking your property by default judgment.
Vehicle forfeitures are a common occurrence in Texas, and law enforcement may also seize cash or other property. While challenging asset forfeiture is difficult, a skilled attorney can help force the state to meet the burden of proof and challenge the application of the forfeiture statute. As the owner of the seized property, it's essential to act quickly and seek legal representation as soon as possible.
Civil Forfeiture vs. Criminal Forfeiture
In Texas, asset forfeiture can occur through criminal or civil forfeiture. Criminal forfeiture is only applicable if the defendant is convicted of a crime and is thus less commonly used by state and federal prosecutors. Civil forfeiture, on the other hand, is more prevalent because the government can seize assets without the need for a criminal charge. State and federal statutes are crafted to facilitate the seizure and retention of assets by the government.
In Texas state court, there are two stages of forfeiture:
- Probable cause: The seizing agency must establish probable cause that the property has a connection to a crime. During this stage, Daniel Werlinger can present your case to the agency and negotiate the return of your property. If unsuccessful, a hearing can be requested where the agency must prove probable cause to keep your assets.
- Civil litigation: If unsuccessful in the probable cause stage, a formal lawsuit can be filed and litigated with the forfeiting agency.
In federal court, the government often initiates a separate civil asset forfeiture proceeding to seize property, such as cash, bank accounts, real estate, vehicles, computers, or homes, that are allegedly connected to criminal activity. Unlike in state court, there is no preliminary hearing to establish probable cause. If negotiations fail, the government files a civil case against the property in U.S. District Court.