Boerne, Texas Criminal Defense Attorney
Criminal Defense Lawyer Assisting with Asset Forfeiture in Boerne, TX
When you are arrested and charged with a crime, you may not only need to defend against a conviction, but you may also need to address other related issues. In Boerne, Texas, asset forfeiture is a legal tool used by law enforcement agencies. It allows authorities to seize assets that are believed to be connected to criminal activity. Understanding how these cases are handled can help you understand your rights and your legal options. At Law Offices of Sam H. Lock, we provide effective legal representation in criminal cases. We can help you defend against criminal charges, and we can also work with you to recover property that has been seized by police.
What Is Asset Forfeiture?
Asset forfeiture is a legal process that allows law enforcement officers to confiscate property connected to illegal activities. The primary idea behind asset forfeiture is that the property itself can be considered part of the crime - either as a tool used to facilitate illegal actions or as proceeds obtained from criminal conduct.
In Texas, both federal and state laws may apply in asset forfeiture cases, which can lead to confusion for people who have had property seized. Understanding these laws can be crucial, and our attorney can make sure you know your rights and the options available to you in these situations.
Potential Reasons for Asset Seizure by Law Enforcement
Federal and state law enforcement officers can take action to seize a person's assets. The nature of the alleged crime and the specifics of the asset involved can play a role in determining whether assets can be seized and how they may be handled. In Texas, law enforcement agencies can seize property if they have probable cause to believe that:
- The property was used to facilitate a crime, such as a vehicle used to transport drugs.
- The property was acquired through criminal activities, such as money earned through drug trafficking or another crime.
The owner of property did not necessarily have to be involved in an alleged criminal offense to have their property seized. If police believe that assets were related to criminal activity, they may take steps to confiscate them. For example, if a person lent their car to someone else who then used it to transport stolen goods, the car may be seized during or after an arrest.
Types of Property Subject to Seizure in Boerne, TX
There are numerous types of property that can be seized under asset forfeiture laws. People who are charged with crimes or other property owners should be aware that the following can be subject to forfeiture:
- Real estate - Homes, commercial properties, and other real estate can be seized if linked to criminal activities.
- Cash and bank accounts - Large sums of cash found during a raid or bank accounts suspected of holding illicit funds can be confiscated.
- Vehicles - Cars, trucks, and boats involved in or purchased with proceeds from illegal activity may be subject to seizure.
- Valuable items - If they are believed to have been acquired through illegal means, high-value items such as jewelry, electronics, or collectibles can be seized.
Filing for Notice of Seizure of Personal Property
When law enforcement officials seize property, they are required to provide a Notice of Seizure of Personal Property to the property owner. This notice serves to inform the person about the seizure, the basis for it, and the next steps. The notice must include specific information, such as:
- A description of the seized property
- The law enforcement agency
- The legal basis for the seizure
- Instructions on how to contest the seizure or reclaim the property
It is crucial for property owners to take this notice seriously and to take legal action promptly with the help fo an attorney. Failure to respond can lead to a loss of property without any way to get it back.
Legal Recourse and Challenges
Property owners in Boerne who are facing asset forfeiture have certain rights, and they may have options for recovering their property. You can contest a seizure by filing a claim in court to prove that the property was not involved in criminal activities. Our attorney can help you gather evidence, build a defense, and represent your interests throughout the forfeiture proceedings.
Contact Our Boerne Criminal Defense Lawyer
Asset forfeiture can have a significant impact on you and your family. Understanding the laws that govern asset seizures and the proper avenues for contesting such actions is essential. At Law Offices of Sam H. Lock, we can help you take steps to recover your assets, and we can provide representation as you defend against any related criminal charges. Attorney Sam H. Lock is dedicated to guiding you through each step of the legal process while protecting your rights. Call 210-226-0965 or contact us online for a private consultation.
