It is not uncommon for the federal government to overstep its powers, and its frequent use of forfeiture against American citizens may be one of those times. For forfeiture of property to be legal under federal law, it must be proven to have violated the law or the result of such a violation. Unfortunately, the law is broad enough to be applied as a method of punishment, regardless of who is affected. A forfeiture attorney in Houston can help.
Both state and federal law provide law enforcement agencies with the legal authority to seize your assets if they have reason to believe that those assets are somehow connected to illegal activity. At Hilder & Associates, P.C., we understand the stress and confusion that come with asset forfeiture cases—and we’re here to help.
Our firm is led by Philip Hilder, a former federal prosecutor with decades of experience in complex criminal defense and forfeiture matters. We bring deep legal knowledge, relentless advocacy, and a track record of success to every case we take on. Whether you’re facing a civil forfeiture based on suspicion or a criminal forfeiture tied to formal charges, we fight aggressively to challenge the seizure and recover what’s rightfully yours.
Don’t let the government strip you of your assets without a fight. Call Hilder & Associates today at 713-655-9111 for a free, confidential consultation and get the defense you deserve.
Civil Forfeiture vs. Criminal Forfeiture
Several kinds of forfeiture could befall you at any point, and it’s important to know the key distinctions that separate them. Primarily, the two that occur the most in Texas are civil forfeiture and criminal forfeiture.
Civil forfeiture is a civil action that requires a preponderance of evidence from the government, while criminal forfeiture requires proof beyond a reasonable doubt. Both forms of forfeiture should lead you to contact a lawyer for help.
Civil Forfeiture
If there is reasonable suspicion that your assets, including your money, vehicles, and home, are being used to facilitate a crime, state law enforcement may be legally allowed to confiscate your assets through civil forfeiture. This is a fairly common situation in white collar crime cases like money laundering, embezzlement, conspiracy, and even other crimes like drug trafficking. Unless you take action to get your assets back, all of them may be sold at auction for a profit.
Your property can be seized even if you have not yet been convicted of or even charged with a crime. To legally seize your assets, the government must be able to prove by a preponderance of evidence that your assets are involved in some sort of criminal activity. That means a considerably lower burden of proof than criminal forfeiture. If you want your items returned, it is generally your responsibility to prove you are not involved in criminal activity.
Additionally, you won’t be provided with a court-appointed lawyer since civil forfeiture is not a criminal matter. People with limited resources may never be able to get their property back. That’s why it’s so important to reach out to a forfeiture lawyer. You need someone by your side who understands how civil forfeiture works and what you can do to get your property back. The right lawyer may make all the difference in a case like this.
Criminal Forfeiture
Criminal forfeiture is similar to civil forfeiture, with the primary difference being that criminal forfeiture is a consequence of a criminal conviction. As part of a criminal prosecution, the government can seize property used in a crime or obtain it through legal actions. The state must be able to prove beyond a reasonable doubt that you are guilty of a crime. Only then can they seize your property as a result of your conviction.
During your trial, you have the right to contest the forfeiture of your assets, and you also have the right to legal counsel throughout your case. You may want to consider reaching out to an experienced defense lawyer who can help you navigate your case and pursue the return of your property if you are successful. It may not be easy, but you should still try.
Defenses Against Civil & Criminal Forfeiture
While fighting civil forfeiture may be a difficult process, you do have options for a strong defense. You should speak with your lawyer about the various ways you can try to fight this situation. Some possibilities include:
- Innocent Owner Defense: One of the more common defenses is the innocent owner defense. To establish this defense, you must demonstrate that you acquired your property before the crime was committed and never had any knowledge of any crime being committed that involved said property. If the property was acquired after the crime, you must provide documentation that proves you had no reason to believe it was contraband.
- Evidence of Dismissal: If you can provide evidence that you were recently acquitted of all charges in a criminal case or your case was dismissed entirely, that can create a reasonable presumption that the property in question is not connected to any criminal wrongdoing.
- Family Violence: If the owner of the property was a victim of family violence and was not able to stop their spouse from committing the crime that led to the forfeiture of assets, they could use the family violence defense to try to get their property back.
Reach Out to an Experienced Forfeiture Lawyer Today
Regardless of whether the government believes your property to be forfeit, you deserve the opportunity to fight for what’s yours and stand up for yourself. With the help of an experienced forfeiture attorney in Houston, you may be able to prove that your property was never the result of criminal action or involved in any sort of illegal activity. Don’t be afraid to stand up to the government when they overstep their bounds and try to take what’s yours.
The legal team at Hilder & Associates, P.C. understands how difficult it can be to challenge the state or the federal government. You may have significant assets at stake, and it is important not to lose sight of that.
Reach out to us at 713-655-9111 or contact us online for a free consultation to speak to a member of our experienced legal team who can help you with your case. We are well-equipped to help you through every stage of your case.
