Civil Forfeiture Abuse Attorney in El Paso

Where Does Civil Forfeiture Come From?

Civil forfeiture dates back to the colonial era but rose to prominence in the 1980s as a weapon against organized crime. The aim was to weaken criminal enterprises by disrupting their financial networks. Over time, however, the scope and application of civil forfeiture expanded significantly. Today, it’s not just the kingpins and their vast riches that are targeted. Ordinary citizens, often with minimal or no ties to criminal activity, find their assets seized. A growing concern is that some law enforcement agencies view civil forfeiture more as a lucrative revenue stream than as a tool to deter crime.

How Does Civil Forfeiture Work in Texas?

Here’s how the process typically works:

• Seizure: Law enforcement officers can seize assets if they have “probable cause” to believe they are linked to criminal activity. This includes cash, cars, homes, or other valuables. Importantly, the owner doesn’t need to be charged with a crime.
• Notification: After assets are seized, the property owner is usually notified and provided with details about the potential forfeiture and the steps needed to challenge it.
• Legal action: The government must file a legal action in court to keep the seized assets permanently. At this stage, the property owner must step in to challenge the forfeiture, often within a strict timeframe.
• Disposition: If the government succeeds in the legal action, the seized assets are permanently forfeited. The proceeds from these assets often go directly to law enforcement budgets.

In short, civil forfeiture, with its low burden of proof and potential benefits to law enforcement budgets, has led to concerns of misuse, incentivizing seizures that are not always directly linked to significant criminal activities.