Federal laws empower the government to seize money and property related to the commission of crimes. No criminal charges or convictions are required in civil forfeiture proceedings.

Forfeiture, the government seizure of property connected to illegal activity, has been a major weapon in the Federal government's "war on drugs" since the mid-eighties. Forfeiture is a potent deterent, as well as a revenue source on which law enforcement has grown increasingly dependent. However, it brings with it far fewer procedural safeguards than the criminal law.

Most forfeiture activity occurs under Federal law, and most of that is connected to the traffic in illegal drugs. Cities and other municipal governments have cooperated in forfeiture actions under both Federal and state drug laws.

Forfeiture takes two distinct forms: criminal and civil.
Nearly all contemporary forfeiture involves the civil variety. Criminal forfeiture operates as punishment for a crime. Therefore it requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law. Thus, the proceeding is directed against the property, or the thing involved in some illegal activity specified by statute.

Unlike criminal forfeiture, civil forfeiture does not require a conviction or even an official criminal charge against the owner. This is the source of its attractiveness to law enforcement, and its threat to those concerned about abuse or circumvention of Constitutional protections.

The United States Marshals Service is responsible for managing and disposing Federally seized and forfeited properties. It currently manages around $1 billion worth of property. The goal of the program is to maximize the net return from seized property by selling at auctions and to the private sector and then using the property and proceeds for law enforcement purposes.

Chapter 59, Texas Code of Criminal Procedure, provides the statutory authority whereby a law enforcement agency may seize money, vehicles, real property or any other tangible items and seek to have a court order them forfeited to the State of Texas.

Property that is used in the commission of, intended to be used in the commission of, the proceeds gained from the commission of, or acquired with the proceeds of certain criminal offenses, can be seized and have a forfeiture action taken. A civil lawsuit is filed wherein the State of Texas, acting through the district attorney’s office, alleges that the property is subject to forfeiture and should be forfeited to the State of Texas. The State has the burden of proof and has to show the judge or the jury that the property was used in the commission of a crime or the proceeds of criminal activity before a forfeiture judgment will be granted.

Forfeited property is transferred to the law enforcement agency that originally seized it and then must be used only for law enforcement purposes. The district attorney’s office has local agreements with law enforcement agencies in the county that award a small percentage of the forfeited property to our office, but the majority goes to the seizing agency and must be utilized for law enforcement purposes.

 

If you have had assets seized by the government, it is critical to your case that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. The Houston, Texas law office of Kuniansky & Associates will work diligently to ensure your rights are protected.

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