Houston Asset Forfeiture Attorney
Government Seizures as a Result of a Drug Crime Prosecution
Federal and state law allows for the seizure of any property that was used
to commit a crime, or property acquired through the commission of a crime,
or property that was purchased with proceeds from the commission of a
crime. This is a civil lawsuit filed against you and your assets by the
District Attorney's Office pursuant to
Article 59 of the Texas Code of Criminal Procedure, and is referred to as asset forfeiture. While asset forfeiture can occur
in conjunction with many criminal charges, it most frequently occurs in
connection with a drug crime.
Some examples of the types of property that is commonly seized through
Asset Forfeiture are houses, cash, bank accounts, real estate, jewelry,
cars, guns, electronics, computers and cell phones. The problem with most
asset forfeiture proceedings is that, once the government has decided
to seize your property, they tend to take everything in sight, including
property that you own lawfully. The burden is on the government to prove
that property was used to commit a crime, or acquired through the commission
of a crime, or purchased with proceeds from the commission of a crime.
However, this is the very low civil burden of proof which is "by
a preponderance of the evidence", rather than the highest standard
of proof used in criminal cases which is "beyond a reasonable doubt".
In short, this means that the government must only prove that there is
just enough evidence to make it more likely than not that the property
was used to commit a crime, or acquired through the commission of a crime,
or purchased with proceeds from the commission of a crime.
If the government is trying to seize your property as part of a drug crime
prosecution, you must seek the help of a Houston criminal defense attorney
who will work to not only to defend you, but also your property.
When the best possible outcome matters, contact Mark A. Morasch, Attorney at Law today for a
free initial consultation with a Texas asset forfeiture lawyer.
Get the Help You Need 24/7
If you have been arrested for Possession of Marijuana, Possession of a
Controlled Substance, or DWI then
contact my office to discuss your case today. You can speak to someone weekday
or weekend, day or night by calling
713-468-9333 (713-got-Weed), or you can use the
e-mail link for a response the next business day. In criminal cases I offer payment
plans, and I accept Visa, MasterCard, Discover Card, and American Express.
Program my number into your cell phone now, because you never know when
you'll need help.