Houston Asset Forfeiture Attorney
Defending Against Asset Forfeiture in Texas
Chapter 59 of the Texas Code of Criminal Procedure allows an attorney representing the state to seize contraband used in the commission of certain felonies. Texas law defines contraband as “property of any nature, including real, personal, tangible, or intangible” used in the commission of a listed offense. A prosecutor will often seek forfeiture of contraband in drug cases and white-collar crimes.
If you have been charged with a crime and the prosecutor has begun a proceeding for forfeiture, you need an experienced defense lawyer who can fight for your rights and property.
Houston Asset Forfeiture Attorney James Alston is a former state and federal prosecutor. As an Assistant United States Attorney, he was assigned to the Organized Crime Drug Task Force. His knowledge of how a prosecutor investigates a case and prepares for trial is second-to-none. Contact James Alston Law for a free consultation.
Types of Cases Subject to Asset Forfeiture
Pursuant to Texas law, a prosecutor may seize contraband used in the commission of:
- Any first or second-degree felony
- Criminal solicitation of a minor
- Indecency with a child
- A felony offense related to evading arrest or detention
- A robbery, burglary or fraud
- Certain drug crimes
- Trafficking of persons
- Numerous white-collar crimes
Since the law is extensive regarding a state’s seizure of contraband, it is imperative to consult with a knowledgeable lawyer prior to a forfeiture proceeding. In order to protect your assets, you need to act fast. Do not wait until it is too late. You have rights even if you have been arrested for a crime.
Notification Requirements Regarding Forfeiture Proceedings
Under Article 59.04 (a) of the Texas Code of Criminal Procedure, an attorney for the state must commence forfeiture proceedings within 30 days of the date of the seizure by a peace officer. It is important to note that the authorities may seize your motor vehicle if they believe it was used in one of the enumerated felonies under Chapter 59. If forfeiture proceedings are initiated, you have the right to a hearing.
Hire an Experienced Houston Asset Forfeiture Attorney
If you have had an asset seized by law enforcement or have received notice of forfeiture proceedings, you need legal representation. Without the help of a leading Houston Asset Forfeiture Lawyer, you could lose your right to your property. Attorney James Alston has extensive experience in both state and federal court assisting clients with forfeiture hearings. Mr. Alston is a board-certified criminal defense lawyer in the State of Texas. He is a skilled litigator that will not hesitate to take your case to trial. Contact James Alston Law today for a free consultation at (713) 228-1400.