Facing Civil Asset Forfeiture in San Antonio? Protect Your Texas Property from Unjust Seizure.

If law enforcement has seized your cash, vehicle, home, or other property in San Antonio or Bexar County, alleging it is connected to drug activity, you are facing a daunting and often unfair legal battle. Civil asset forfeiture allows the government to take property without a criminal conviction. At Barton & Associates, our experienced San Antonio asset forfeiture defense attorneys stand as a powerful shield between your property and the state. We fight to get your assets back and protect your constitutional rights against this aggressive government overreach.

What is Civil Asset Forfeiture in Texas?

Civil asset forfeiture is a legal process where the government sues the property itself, not you as a person, alleging it was used in or derived from criminal activity. Under the Texas Code of Criminal Procedure and the Civil Practice and Remedies Code, law enforcement can seize assets based on mere suspicion. Shockingly, you do not need to be charged with, let alone convicted of, a crime for this to happen. The case is styled as “The State of Texas v. [Description of Property],” turning your car, cash, or home into the defendant.

This creates a perverse incentive known as “policing for profit,” where agencies can benefit from the proceeds of forfeited property. For you, the property owner, it means facing a complex, costly, and tilted legal system where your rights are limited and the burden is on you to prove your property’s “innocence.” Whether the seizure occurred during a traffic stop, a search of your home, or at a DPS checkpoint, immediate and skilled legal intervention is critical.

Common Types of Property Seized in San Antonio Drug-Related Forfeitures

Texas law enforcement agencies, including the San Antonio Police Department, Bexar County Sheriff’s Office, and federal task forces, routinely seize a wide range of assets. Our firm defends clients against the forfeiture of:

• Cash & Financial Assets: Any amount of money can be seized if police claim it is “drug proceeds.” This includes cash from savings, business income, or legitimate personal funds.
• Vehicles: Cars, trucks, motorcycles, and boats accused of being used to transport drugs or purchased with illegal funds.
• Real Estate: Homes, rental properties, and land allegedly used to facilitate drug transactions or grow operations.
• Firearms & Electronics: Guns, smartphones, computers, and other personal items found near alleged contraband.
• Business Assets & Equipment: Entire business inventories, professional tools, or commercial equipment if the business is accused of being a front.

The Texas Forfeiture Process: Why You Must Act Immediately

The forfeiture timeline is designed to overwhelm property owners. Missing a single deadline can mean permanently losing your property by default.

1. Seizure: Property is taken on the spot during an arrest, traffic stop, or search. You are often given only a receipt, not any formal charging document.
2. Notice of Seizure & Intended Forfeiture: You have 30 days from receiving this notice to file a Claim and Cost Bond or a Paupers Affidavit if you cannot afford the bond. This is the most critical deadline. Failure to respond forfeits your property automatically to the state.
3. The Bond Requirement: In Texas, to challenge the forfeiture, you are often required to post a cost bond equal to 10% of the property’s value (minimum $1,000, maximum $5,000). This is a significant barrier designed to discourage claims.
4. Discovery & Litigation: If a proper claim is filed, the case proceeds like a civil lawsuit. The state must provide its evidence, and we engage in aggressive discovery to challenge their case.
5. Trial or Settlement Negotiation: Most cases are resolved through pre-trial negotiation. Our attorneys leverage weaknesses in the state’s case to seek the return of your property. If a settlement cannot be reached, we are prepared to argue your case before a judge or jury.

Proactive Defense Strategies: How We Fight to Get Your Property Back

At Barton & Associates, we do not simply react to the state’s allegations; we mount a comprehensive offensive to dismantle their case. Our defense strategies are built on deep knowledge of Texas forfeiture law and include:

• Challenging the Underlying Stop or Search: The Fourth Amendment protects against unreasonable searches and seizures. If the initial traffic stop lacked probable cause, or the search of your vehicle or home was unlawful, all evidence derived from it—including the seizure of your property—may be suppressed. This is often the most powerful argument for return.
• Attacking the “Nexus” Between Property and Crime: The state must prove a substantial connection between your property and illegal drug activity. We aggressively contest circumstantial claims. Was the cash legitimately earned? Was the car borrowed by someone else? We build an alternative, lawful narrative for the property’s presence and use.
• Asserting the “Innocent Owner” Defense: Texas law provides protections for owners who did not know of or consent to the illegal use of their property. We gather evidence—such as title records, testimony, and documentation—to prove you are an innocent owner, which can be a complete defense to forfeiture.
• Negotiating for Partial or Full Return: Prosecutors often seek quick settlements to avoid costly litigation and the risk of losing. We use the discovery process to identify fatal flaws in their case, giving us powerful leverage to negotiate for the return of 100% of your assets, or a favorable settlement for a partial return.
• Litigating Proportionality & Excessive Fines: The Eighth Amendment prohibits excessive fines. We argue that forfeiting a $50,000 car over a minor possession charge is grossly disproportionate to the alleged offense, constituting an unconstitutional punishment.

The High Stakes: What Happens if You Lose a Forfeiture Case?

The consequences of inaction or an inadequate defense are severe:

• Permanent Loss of Property: Your assets are forfeited to the seizing agency and the prosecutor’s office, which can then use or sell them for their budgets.
• No Criminal Conviction Required: You lose your property based on the low civil standard of “preponderance of the evidence,” not the criminal “beyond a reasonable doubt.”
• Financial Ruin & Lasting Harm: Losing a vehicle, life savings, or a family home can be devastating, affecting your ability to work, support your family, and secure housing. It can also damage your reputation.

Why Choose Barton & Associates for Your San Antonio Forfeiture Defense?

Fighting the government alone is a losing proposition. You need a law firm with the resources, tenacity, and specific experience to win.

• Former Prosecutors Who Know the Playbook: Our attorneys have worked on the other side of forfeiture cases. We understand how police and prosecutors build these cases, where their vulnerabilities lie, and how to negotiate effectively with local Bexar County officials.
• Aggressive Litigators, Not Just Negotiators: While we seek efficient settlements, we are fully prepared to take your case to trial. Our willingness to fight in court gives our settlement demands far greater weight.
• Deep Understanding of Texas & Federal Forfeiture Law: We handle cases under both Chapter 59 of the Texas Code of Criminal Procedure and federal statutes, a critical skill as many local seizures involve federal task forces.
• A Record of Recovering Client Assets: We have successfully forced the return of six-figure cash seizures, family vehicles, and real property by exposing illegal searches, flawed police testimony, and the state’s inability to prove the required nexus to crime.
• Compassionate, Client-Focused Advocacy: We recognize the profound stress and injustice you feel. We communicate clearly, fight relentlessly, and treat the recovery of your property as our most urgent priority.

Time is Your Property: The 30-Day Deadline is Absolute

The single most important fact in any Texas forfeiture case is the 30-day deadline to file a claim. The notice you receive may be confusing, but the consequence of missing this deadline is absolute and irreversible: you forfeit all rights to your property.

Do not wait. Do not assume the system will be fair. Contact Barton & Associates the moment your property is seized or you receive notice.

Call 210-500-0000 now for an urgent consultation. If your cash, car or home has been seized in San Antonio, Austin or Corpus Christi, Texas, our asset forfeiture defense team is ready to act. We will review your seizure notice, explain your rights, and immediately begin the fight to reclaim what is rightfully yours. Your property is worth defending. Let us be your voice in court.

Main Category: Criminal Defense
Practice Area Category: Drug Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000