McKinney, TX Asset Forfeiture Attorneys
Lawyers Defending Against Asset Forfeiture Related to Criminal Cases in McKinney, Texas
Law enforcement agencies in Texas have the authority to seize cash, vehicles, and other property they believe is connected to criminal activity. In some cases, a person's assets may be seized, and they may lose their money or property permanently even if they are never convicted of a crime. In cases involving asset forfeiture, people may struggle to recover vehicles or other property they need, and the process can take months. To make sure a person's rights will be protected, it is crucial to work with an attorney who can help recover seized assets.
At Texas Defense Firm, our criminal defense lawyers understand the role that asset forfeiture can play in criminal cases and how it can affect people who had nothing to do with criminal offenses. We work to ensure that our clients can get their property back as quickly as possible, and we will also take steps to address any criminal charges that may apply in these situations.
Why Law Enforcement Officers May Seize Property
Police officers and other law enforcement agencies can take steps to seize property that they believe is connected to criminal activity. If a vehicle was allegedly used to commit a crime, if assets were allegedly purchased with proceeds from illegal activity, or if a person is accused of earning money while committing crimes, any of these assets could potentially be seized.
Asset forfeiture often occurs in cases involving allegations of drug crimes. A police officer may find cash and drugs in a vehicle during a traffic stop, and they may confiscate the money and the vehicle. In other situations, officers may believe that a vehicle was used to transport controlled substances, or that a person had been dealing drugs out of their home, and they may take action to seize the vehicle or the property. Property seizures can also be related to other offenses, including allegations of fraud, money laundering, or theft.
Property may be seized at the time of an arrest or when officers execute a search warrant. Anything that is believed to have a connection to alleged crimes may be confiscated. In some cases, property may be seized even if it was owned by someone other than a person who has been charged with a crime. A person who allowed a family member to borrow their vehicle could lose their car if the family member is arrested for a drug crime or another offense in which they allegedly used the vehicle.
Criminal Asset Forfeiture Versus Civil Asset Forfeiture
Civil asset forfeiture is handled independently from a criminal case. Under this process, law enforcement officials will file a civil lawsuit against the property itself, rather than against a specific person. They may then obtain a court order allowing the property to be forfeited. Because civil forfeiture cases are handled separately from any criminal charges, assets may be seized even if criminal charges are never filed against the owner or a person who was using the property. A forfeiture may remain in place even if criminal charges are dismissed or a person is acquitted.
Criminal asset forfeiture, by contrast, is directly tied to a criminal conviction. Forfeiture will occur as part of the sentencing for a conviction. Property may be seized if it was connected to the offense for which the person was convicted. Criminal forfeiture will require a conviction, and it can result in the permanent loss of assets tied to a criminal case.
Defending Against Asset Forfeiture and Recovering Seized Property
Our attorneys can help clients move quickly in response to asset forfeiture. We will make sure clients understand the deadlines that apply in a forfeiture case so that they can respond within the right timeframes after receiving notice that their assets are being seized.
We will review the circumstances surrounding a seizure, including whether officers had the proper legal justification to seize property in the first place and whether they can establish a connection between the property and alleged criminal activity. In cases where property was seized from someone who was not the person accused of a crime, our lawyers will work to establish an innocent owner defense and present evidence that the property owner had no knowledge that their property was being used for illegal purposes.
For people who have their assets seized after being arrested or charged with criminal offenses, our attorneys can provide a defense against criminal charges while also addressing asset forfeiture. Statements made or evidence presented in one case can potentially affect the other. We can develop defense strategies to ensure that all issues related to an alleged crime will be handled correctly while taking steps to protect our clients' rights.
During asset forfeiture cases, our lawyers can negotiate with prosecutors or other officials, determining what steps may be taken to recover property that has been seized. We can determine whether a settlement can be reached, or we will litigate cases in court as we fight to recover property for our clients. We are committed to recovering assets that have been wrongfully seized while also building a strong defense against any related criminal charges a person may face.
Contact Our McKinney Asset Forfeiture Attorneys
When a person's assets have been seized by law enforcement, they may be concerned about the permanent loss of cash, vehicles, or other property. Taking the right steps to address asset forfeiture can help ensure that a person will be able to get their property back. At Texas Defense Firm, our attorneys can provide the legal help needed in these cases, working to address assets that have been seized without a valid reason and taking steps to defend against criminal charges. Contact our McKinney, TX asset forfeiture defense lawyers at 972-369-0577 to arrange a free consultation.
