Defending Your Property: Weapon Seizure & Asset Forfeiture Defense in San Antonio

When Law Enforcement Targets Your Property: Understanding Civil Asset Forfeiture in Texas

In San Antonio and across Texas, an arrest for a weapons offense often triggers a second, parallel legal battle that many do not anticipate: the government’s attempt to permanently seize your property. Through a process known as civil asset forfeiture, state and federal agencies can take the weapon in question, along with cash, vehicles, and other assets they allege are connected to criminal activity. Shockingly, this process can proceed even without a criminal conviction. At Barton & Associates, our weapon crimes defense attorneys are equipped to fight this aggressive government overreach. We protect not only your liberty but also your property rights, providing a comprehensive defense against the full spectrum of consequences you face.

Civil asset forfeiture operates under the legal principle that the property itself is “guilty.” The case is styled as The State of Texas v. [Description of Property], such as a specific firearm or a sum of cash. The burden then falls on you, the property owner, to prove your property’s “innocence” to get it back. For individuals in Bexar County already grappling with weapon charges, this adds a layer of complexity, stress, and financial threat. Agencies like the San Antonio Police Department (SAPD) and the Bexar County Sheriff’s Office can use proceeds from forfeited property to fund their operations, creating a troubling incentive. Our mission is to stand as a formidable barrier against this system, challenging seizures at their foundation and fighting to return what is rightfully yours.

The Legal Grounds for Weapon and Asset Seizure in Texas

Law enforcement in Texas primarily uses two legal frameworks to seize property in weapon-related cases: criminal forfeiture and civil forfeiture. Understanding the distinction is critical to mounting an effective defense.

Criminal Forfeiture is part of the criminal case against you. If you are convicted of certain felonies, the court may order the forfeiture of property used in or gained from the commission of that crime as part of your sentence. The link between the property and the crime must be proven “beyond a reasonable doubt” alongside your guilt.

Civil Asset Forfeiture, governed by Chapter 59 of the Texas Code of Criminal Procedure, is the more common and perilous threat. This is a civil lawsuit against your property, separate from your criminal case. The state’s burden of proof is much lower—only “a preponderance of the evidence.” They must show it is more likely than not that the property is “contraband” as defined by law. Property subject to forfeiture includes:

• Weapons used or intended to be used in the commission of a felony.
• Proceeds gained from the commission of a felony.
• Property used to facilitate or intended to be used to facilitate the commission of a felony (e.g., a vehicle used to transport illegal firearms, cash alleged to be for an illegal gun purchase).

This “facilitation” standard is dangerously broad. Prosecutors may argue that your personal vehicle, in which a legally owned firearm was found, is subject to forfeiture if you are charged with any felony. The immediate seizure often occurs during an arrest or the execution of a search warrant, leaving you with only a property receipt and the daunting task of fighting the government to get your belongings back.

The High-Stakes Forfeiture Process: Deadlines You Cannot Miss

The civil forfeiture process in Texas is designed to be difficult for property owners to navigate. Missing a single deadline can result in the automatic and permanent loss of your property.

1. Notice of Seizure and Intended Forfeiture: After seizing your property, the state must send you a formal notice. This begins the most critical countdown.
2. The 30-Day Claim Deadline: From the date you receive this notice, you have only 30 days to file a Verified Answer in court. This legal document is your formal claim to the property. Failure to file an answer within 30 days results in a default judgment, forfeiting your property to the state forever. This is the single most important action to take.
3. The Cost Bond Requirement (Often Waived for Weapons): To file a claim for most seized property, Texas law requires you to post a cost bond worth 10% of the property’s value (minimum $1,000, maximum $5,000). However, a crucial exception exists: no bond is required to challenge the forfeiture of a firearm or weapon. This exception underscores the need to act, as the financial barrier is removed for weapons seizures.
4. Discovery and Litigation: Once a proper claim is filed, the case proceeds like a civil lawsuit. Our attorneys will engage in aggressive discovery, demanding the state provide all evidence justifying the seizure. We scrutinize police reports, officer testimony, and the alleged connection between your property and criminal activity.
5. Trial or Settlement: Many cases are resolved through pre-trial negotiations where we leverage weaknesses in the state’s case to secure the return of your property. If a fair settlement cannot be reached, we are fully prepared to argue your case before a judge or jury in Bexar County civil court.

Building a Powerful Defense Against Forfeiture

At Barton & Associates, we deploy a multi-faceted defense strategy tailored to the specifics of weapon-related seizures. Our goal is to dismantle the state’s case by attacking its legal and factual foundations.

• Challenging the Underlying Criminal “Facilitation”: The state must prove a “substantial connection” between your property and criminal activity. For a vehicle seizure, we argue that mere transportation of a weapon is not facilitation of a crime, especially if the weapon was lawfully possessed. For cash seizures, we gather evidence (pay stubs, bank records) to prove a legitimate source unrelated to any crime.
• Asserting the “Innocent Owner” Defense: Texas law provides a powerful defense for owners who did not know of or consent to the illegal use of their property. This is particularly relevant for co-owners or family members whose vehicle or home was used without their knowledge. We compile documentation and testimony to establish your innocent owner status.
• Fighting the Initial Stop or Search (The “Fruit of the Poisonous Tree”): If the initial traffic stop, search warrant, or arrest that led to the discovery of the weapon was unconstitutional, we file motions to suppress that evidence. If successful in the criminal case, this can devastate the state’s parallel forfeiture case, as the property was discovered through an illegal search.
• Negotiating for the Return of Your Property: Prosecutors often prefer to settle forfeiture cases to avoid costly litigation and the risk of an unfavorable ruling that could set a precedent. Our attorneys, with their deep knowledge of local prosecutors’ priorities and their reputation as trial-ready litigators, negotiate from a position of strength to recover your assets.
• Litigating Proportionality (The Excessive Fines Clause): The Eighth Amendment prohibits excessive fines. We argue that seizing a $30,000 truck because an unspent ammunition round was found in the glove compartment during a minor traffic stop is grossly disproportionate to the alleged offense, constituting an unconstitutional punishment.

The Intersection of Federal and State Forfeiture

Weapon cases in San Antonio frequently involve federal task forces. The federal government has its own expansive forfeiture laws under 21 U.S.C. § 881 and 18 U.S.C. § 981. Federal seizure can occur when there is suspected interstate activity or when the value of the seized property is high. Federal forfeiture procedures differ from Texas law, featuring different notice periods and processes. Our firm’s experience with both state and federal courts is invaluable in these complex, multi-jurisdictional cases. We ensure that no matter which agency seized your property, your defense is seamless and aggressive.

Why Choosing Barton & Associates is Critical

Fighting a forfeiture case while simultaneously defending against criminal weapon charges requires a law firm with specific expertise and resources. Many criminal defense attorneys do not handle the intricacies of civil forfeiture, leaving clients vulnerable to property loss.

• Comprehensive Dual Defense: We provide integrated representation, coordinating your criminal defense and civil forfeiture defense as two fronts of the same battle. A victory in one arena strengthens your position in the other.
• Former Prosecutorial Insight: Our attorneys’ experience on the prosecution side provides an insider’s understanding of how the state builds forfeiture cases and what arguments prosecutors find most persuasive or vulnerable.
• Resourceful Investigation: We conduct independent investigations, consult with forensic experts, and gather exculpatory evidence to challenge the state’s narrative about your property.
• A Record of Recovery: We have successfully forced the return of seized firearms, vehicles, and significant sums of cash by exposing illegal searches, flawed police testimony, and the state’s inability to meet its burden of proof.
• Urgent Action on Strict Deadlines: We understand the non-negotiable 30-day claim deadline. When you retain us, we act immediately to protect your rights and preserve your claim to your property.

Act Immediately—Your 30-Day Clock is Ticking

If your property has been seized, time is your most precious and dwindling asset. The government’s notice may be confusing, but the consequence of inaction is absolute: permanent loss.

Do not wait for your criminal case to resolve. Do not assume you will get your property back automatically. The forfeiture case moves on a separate, fast track.

Contact Barton & Associates today for an urgent consultation. If your firearm, cash or vehicle has been seized in San Antonio, Austin or Corpus Christi, Texas in connection with a weapon allegation, call our office immediately at 210-500-0000. We will review your seizure notice, explain your rights, and begin the fight to reclaim your property without delay. Your assets are worth defending. Let our proven forfeiture defense attorneys be your advocate.

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