Asset Forfeiture Defense in Corpus Christi: Fighting to Get Your Property Back
Imagine waking up one morning to find that law enforcement has seized your car, your bank account, or even your home. You have not been charged with a crime. You have not been convicted. But your property is gone. In Texas, civil asset forfeiture allows law enforcement to seize property they allege is connected to criminal activity—without ever charging you with a crime. In Corpus Christi and throughout the Coastal Bend, cash, vehicles, real estate, and other assets are seized every year. The burden shifts to you to prove your property is innocent. When your hard-earned assets are on the line, you need a defense attorney who understands forfeiture law and will fight to get your property back.
At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt whose property has been seized by law enforcement. Whether your cash was taken during a traffic stop on South Padre Island Drive, your vehicle was seized after an arrest on Staples Street, or your home is the subject of a forfeiture action, we provide the aggressive, knowledgeable representation you need to get your property back. With extensive experience in civil asset forfeiture defense, we guide our clients through every stage of the forfeiture process.
Understanding Civil Asset Forfeiture
Civil asset forfeiture is a legal process that allows law enforcement to seize and permanently take ownership of property they allege is connected to criminal activity. Unlike criminal proceedings, forfeiture is a civil action against the property itself—not against you.
How Forfeiture Works
The process typically begins with a seizure. Law enforcement takes possession of property they believe is:
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Proceeds from criminal activity
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Used to facilitate criminal activity
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Purchased with proceeds from criminal activity
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Involved in the commission of a crime
After the seizure, the government files a forfeiture action in civil court. The property is the defendant—not you. The government must prove by a preponderance of the evidence that the property is subject to forfeiture.
What Property Can Be Seized?
Under Texas law, law enforcement can seize:
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Cash: Currency believed to be proceeds of drug trafficking or other crimes
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Vehicles: Cars, trucks, boats, and other vehicles used to transport drugs or involved in criminal activity
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Real estate: Homes, land, and other property purchased with proceeds of crime
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Bank accounts: Accounts containing proceeds of criminal activity
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Personal property: Jewelry, electronics, and other valuables
Common Seizure Scenarios in Corpus Christi
Traffic Stops
A traffic stop on South Padre Island Drive, Staples Street, or the Crosstown Expressway leads to discovery of cash. The officer seizes the money, claiming it is drug proceeds. You are released without charges, but your cash is gone.
Drug Arrests
You are arrested for a drug offense. The police seize your car, your cash, and your personal property. Even if the drug charges are dismissed, the forfeiture case may continue.
Home Searches
Law enforcement executes a search warrant at your home. They seize cash, vehicles, and personal property. Months later, you receive a notice of forfeiture.
Bank Account Freezes
Your bank account is frozen based on a law enforcement investigation. The funds are seized before you can access them.
The Forfeiture Process
Understanding the forfeiture process is essential for protecting your property:
Step 1: Seizure
Law enforcement seizes the property. You may receive a notice of seizure or discover the property is gone.
Step 2: Notice of Forfeiture
If the government decides to proceed with forfeiture, you will receive a notice of forfeiture. The notice will describe the property and state the grounds for forfeiture.
Step 3: Deadline to Respond
Under Texas law, you have a limited time to respond to a forfeiture notice—typically 30 days. Failure to respond can result in automatic forfeiture of your property.
Step 4: File a Claim and Answer
To fight forfeiture, you must file a claim stating your interest in the property and an answer responding to the allegations. Your attorney can file these documents on your behalf.
Step 5: Discovery
Your attorney obtains discovery from the prosecutor, including:
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Reports on the seizure
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Evidence supporting the forfeiture
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Information about the underlying investigation
Step 6: Negotiation
Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:
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Dismissal of the forfeiture action
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Return of your property
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Settlement for a portion of the seized funds
Step 7: Trial
If no agreement is reached, the case proceeds to trial. The government must prove by a preponderance of the evidence that the property is subject to forfeiture. You have the right to present evidence and call witnesses.
Defending Against Asset Forfeiture
A strong defense can mean the difference between losing your property and getting it back. Common defense strategies include:
Challenging the Government’s Case
The government must prove that the property is subject to forfeiture. Your attorney may challenge:
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Whether the property was actually used in or derived from criminal activity
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Whether the government can prove the connection
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Whether the evidence is sufficient
Innocent Owner Defense
If you can show that you were an innocent owner—meaning you did not know about or consent to the illegal use of your property—you may be entitled to its return. This is a powerful defense for:
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Vehicles owned by someone other than the driver
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Cash seized from a person who was not involved in criminal activity
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Property owned by a family member
Challenging the Seizure
Your attorney may challenge whether the seizure itself was lawful. Defenses include:
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The traffic stop was illegal
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The search was illegal
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The officer lacked probable cause to seize the property
Lack of Connection to Crime
The government must prove a connection between the property and criminal activity. If the property is not linked to a crime, it should be returned.
Excessive Fines
The Eighth Amendment prohibits excessive fines. If the value of the seized property is grossly disproportionate to any alleged criminal activity, your attorney may argue that the forfeiture is excessive.
The Burden of Proof
In criminal court, the state must prove guilt beyond a reasonable doubt. In civil forfeiture, the burden is much lower:
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Criminal case: Beyond a reasonable doubt
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Forfeiture case: Preponderance of the evidence (more likely than not)
This lower standard makes forfeiture cases challenging to defend. The government does not need to prove you committed a crime—only that it is more likely than not that the property is connected to criminal activity.
The Impact of Criminal Charges
If you are facing criminal charges, the forfeiture case is separate. However, the two cases are related:
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A criminal conviction can make it harder to fight forfeiture
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Acquittal does not automatically end the forfeiture case
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Your attorney should coordinate defense across both cases
Federal Asset Forfeiture
In addition to state forfeiture, federal agencies can seize property under federal law. Federal forfeiture carries its own rules and procedures. Federal seizures in Corpus Christi may involve:
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DEA: Drug-related seizures
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HSI: Homeland Security Investigations
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FBI: Federal crime-related seizures
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ATF: Firearm-related seizures
Federal forfeiture cases require a different defense strategy. Your attorney must be familiar with federal forfeiture law.
Frequently Asked Questions About Asset Forfeiture
What is civil asset forfeiture?
Civil asset forfeiture is a legal process that allows law enforcement to seize and permanently take ownership of property they allege is connected to criminal activity. It is a civil action against the property, not against you.
Can the police take my money without charging me with a crime?
Yes. Under civil asset forfeiture, law enforcement can seize cash and other property without ever filing criminal charges against you.
How do I get my property back?
To get your property back, you must file a claim and answer within the deadline (usually 30 days). You then must prove that your property is not subject to forfeiture or that you are an innocent owner.
What is the deadline to respond to a forfeiture notice?
Under Texas law, you typically have 30 days from the date of the notice to file a claim and answer. Failure to respond can result in automatic forfeiture of your property.
What is the innocent owner defense?
The innocent owner defense allows you to recover your property if you can show that you did not know about or consent to the illegal use of your property.
Can I get my car back if it was seized during a drug arrest?
Yes, if you can show that you were not involved in the drug activity or that you did not know the drugs were in your car. An innocent owner defense may apply.
How long does a forfeiture case take?
Forfeiture cases can take months or even years, depending on the complexity and whether the case is contested.
Do I need an attorney for a forfeiture case?
Yes. Forfeiture cases have strict deadlines, a lower burden of proof for the government, and complex legal issues. An experienced asset forfeiture attorney can help you navigate the process and fight for your property.
What if I was never charged with a crime?
Even if you were never charged with a crime, the forfeiture case can continue. The government does not need to prove you committed a crime—only that the property is connected to criminal activity.
Can the government take my house?
Yes. Real estate can be seized if it was purchased with proceeds of criminal activity or used to facilitate criminal activity.
Why Barton & Associates Is the Right Choice for Your Forfeiture Defense
Asset forfeiture can take your hard-earned property without ever charging you with a crime. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against asset forfeiture in Corpus Christi and throughout the Coastal Belt.
Our attorneys understand the nuances of forfeiture law, the strict deadlines, and the strategies for challenging the government’s case. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.
We also understand that losing your property is devastating. Our attorneys approach these cases with dedication, helping our clients navigate the legal system while fighting to get their property back.
Get Your Property Back Today
If law enforcement has seized your cash, vehicle, home, or other property, you have limited time to act. The deadlines for responding to forfeiture actions are strict, and failure to respond can result in permanent loss of your property. Do not wait. The decisions you make now will determine whether you get your property back.
Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.
Reach out today—let us help you fight asset forfeiture and get your property back.
Main Category: Criminal Defense Corpus Christi
Practice Area Category: Drug Crimes
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780
