If you’re arrested for a drug offense in Texas, your legal fight is rarely limited to criminal charges alone. Law enforcement can also seize your personal property through a process called civil asset forfeiture.
Vehicles, cash, electronics, firearms, and even your home may be taken on the suspicion that they were involved in or connected to criminal activity. Unlike criminal proceedings, civil asset forfeiture does not require a conviction.
In many cases, the government moves to keep your property even when you have not been found guilty of any crime. I’m David Reed, an experienced drug possession attorney in Austin, TX, and I want you to know how to fight back to recover what belongs to you.
What is Civil Asset Forfeiture?
Civil asset forfeiture (CAF) is a legal process that allows the government to seize property it believes was used to commit a crime, or which was acquired with proceeds from criminal activity. For example, if you’re pulled over with drugs in your car, officers may seize the vehicle, your cash, and even your cell phone!
Here’s the thing: the property itself is treated as the defendant in the case. This means the burden of proof often falls on you to demonstrate that the property wasn’t connected to any illegal conduct (and proving a negative is famously impossible).
CAF is particularly common in drug possession and trafficking cases. In fact, according to Cornell University, law enforcement tends to view this controversial process as “a powerful tool for combating drug crimes.”
How Does Civil Asset Forfeiture Work in Austin?
In Travis County, the civil forfeiture process generally begins after your arrest. Law enforcement will initiate a separate civil case to take legal ownership of the seized property. You may receive notice by mail or in person.
If you fail to respond within the given deadline, the court may issue a default judgment and allow the government to keep your property permanently. To contest the forfeiture, you must file an answer in court and assert your claim to the property.
The state will then try to prove by a preponderance of the evidence that the property was either used in the commission of a crime or purchased with illegal funds. This is a standard that’s lower than the “beyond a reasonable doubt” threshold that’s used in criminal cases.
What Can Be Seized in Drug Cases?
Some of the most commonly seized assets in drug cases include:
- Cash found during traffic stops or home searches.
- Vehicles allegedly used to transport controlled substances.
- Firearms associated with the arrest.
- Cell phones, computers, and other electronics.
- Real estate believed to be connected to illegal activity.
In many situations, the property is taken immediately and held for months (or even years) while the civil case is pending.
How to Fight Civil Asset Forfeiture in 5 Simple Steps
If your property was taken during a drug arrest in Austin, you have legal options. Here are steps you can take to protect your rights:
- Act Quickly
- Hire a Criminal Defense Attorney
- Demand Proof
- Provide Evidence of Ownership
- Challenge Procedural Errors
Act Quickly
Typically, you have limited time to respond to the notice of seizure. Missing the deadline can result in automatic forfeiture.
Hire a Criminal Defense Attorney
It will give you a significant advantage to work with a drug possession attorney in Austin who understands civil forfeiture laws. They can challenge the evidence, file the necessary paperwork, and represent you in court.
Demand Proof
The state must prove that your property was directly tied to criminal activity. An experienced drug possession defense attorney can question the state’s claims and argue that the asset was used for lawful purposes.
Provide Evidence of Ownership
Showing legitimate income, business records, or purchase receipts can support your case and help refute allegations that the property was linked to drug activity.
Challenge Procedural Errors
If law enforcement violated search and seizure laws, or failed to provide proper notice, your attorney may be able to get the forfeiture case dismissed.
6 Reasons You Need an Attorney Who Knows Civil Forfeiture Law
Choosing the right attorney can make the difference between losing your property and reclaiming it. Here is what a knowledgeable felony criminal defense attorney brings to your case:
- Thorough understanding of both criminal and civil court procedures.
- Experience challenging weak or unsupported evidence in forfeiture cases.
- Ability to meet tight deadlines and prevent default judgments.
- Insight into common errors made by law enforcement and prosecutors.
- Strong negotiation skills to push for asset return outside of court.
- Commitment to protecting your rights and minimizing long-term consequences.
Innocence DOES NOT Mean Your Property will be Returned
Fighting to get your property back after a drug arrest is a separate legal battle that requires specific knowledge and strategy. Many people assume that being found innocent in a criminal case means their property will be returned automatically.
That is rarely the case.
At The Law Office of David Reed, we understand the complex rules surrounding civil asset forfeiture and how to fight aggressive seizures by law enforcement. My firm represents clients throughout Central Texas, and we work tirelessly to recover your belongings while building a strong defense against the underlying drug charges.
Reclaim Your Property with a Drug Possession Attorney in Austin, TX
If your property has been taken following a drug possession or trafficking arrest in Austin, do not wait to take action. Civil asset forfeiture can cost you thousands of dollars in lost assets, and the legal system is often stacked against you.
To speak with an experienced drug possession attorney in Austin, fight for your property, and defend your rights at every step of the way, contact the Law Office of David Reed right away.