Austin Home & Car Asset Forfeiture Attorney

Texas Lawyer Protecting Austin Residents From Asset Forfeiture

Asset forfeiture is a legal process by which law enforcement agencies may seize and permanently confiscate property that they believe has been involved in criminal activity. While asset forfeiture was originally intended to target the ill-gotten gains of drug kingpins and other high-level criminals, it has become increasingly common for law enforcement to pursue asset forfeiture against everyday citizens whose homes or cars may have been used in connection with alleged criminal activity.

Two types of asset forfeiture commonly seen are home asset forfeiture and auto asset forfeiture. Home forfeiture involves the seizure and possible sale of a person's residence, while car forfeiture refers to the seizure of a person's vehicle. These forms of civil forfeiture often occur concurrently with criminal charges brought against the owner or user of the property, although they are handled separately from any related criminal proceedings. Defending against asset forfeiture and recovering a home or car that has been seized can be a complex process. At Spencer & Associates, our experienced attorney can provide invaluable guidance and representation in these situations.

The Home Asset Forfeiture Process

In cases involving home forfeiture, law enforcement agencies typically initiate this process by filing a lawsuit against the property itself, rather than its owner. The agency must present evidence linking a property to illegal activities such as drug trafficking or money laundering.

Once a lawsuit is filed, a property owner will receive a notice informing them of upcoming court hearings regarding their home. The homeowner will then bear the burden of not only defending themselves against criminal allegations, but also proving that their assets were not acquired through illicit means or used in connection with crimes. If a homeowner fails to successfully demonstrate their innocence, or if they fail to adequately respond to law enforcement's allegations, a court may enter a judgment authorizing the permanent loss of property rights without compensation.

The Automobile Asset Forfeiture Process

In situations where vehicles are targeted for seizure due to involvement in suspected criminal activity, similar procedures apply. As with home asset forfeiture, car owners must respond to claims filed against their property by asserting their innocence and presenting compelling arguments that challenge any connection between the vehicle in question and criminal activity.

It is important to note that law enforcement does not need to secure a criminal conviction to proceed with asset forfeiture actions. Property can be seized based on mere suspicion of involvement in illegal activities or association with criminals. In some cases, a vehicle may be seized even if the owner was not aware that someone else had used it to engage in criminal activity, and they may struggle to have their property returned.

Your Rights and Legal Options

If your home or car has been targeted for asset forfeiture by law enforcement in Austin, Texas, it is crucial to secure legal representation immediately. The attorney at Spencer & Associates is experienced in defending clients facing asset forfeiture. When you work with us, our skilled lawyer will thoroughly review all aspects of your situation. We will examine how your rights have been violated, and we will work diligently to build a strong defense strategy aimed at protecting your assets.

Some of the key factors we consider in developing an effective defense include:

• Evaluating whether proper constitutional protections were observed throughout the investigative process.
• Analyzing potential violations of search warrants or seizures without probable cause.
• Determining whether there were any errors in the arrest procedures that led to the seizure of property.
• Gathering evidence to support legitimate ownership of the property in question.
• Demonstrating a lack of knowledge of the alleged illegal use of property.
• Fighting unfair practices that often occur during civil asset forfeiture proceedings.

Contact Our Austin Home and Vehicle Asset Forfeiture Defense Lawyer

If you are facing the potential loss of your home or car due to suspected ties to criminal activity in Austin, the experienced attorney at Spencer & Associates is here to help. Our dedicated team will work to protect your rights while building a strong defense on your behalf. With our extensive knowledge of asset forfeiture laws, we can guide you through these complex proceedings and help you recover your property as quickly as possible. Contact us today at 469-283-6126 to schedule a free consultation. By taking immediate action to protect your assets, you can make sure you are prepared to achieve the best possible outcome for your situation.