Can Texas Police Take Your Stuff if They Arrest You? 

 Posted on August 08, 2024 in Criminal Defense

Property rights are among the most fundamental rights under the U.S. Constitution. Yet every day, people have their property confiscated by police in circumstances that seem to defy reason, let alone civil rights.

Usually, the government cannot take someone’s property without due process or fair treatment under the legal system. But asset forfeiture – when the government takes property that is suspected of being involved in criminal activity – often allows police to take people’s belongings without due process and, in many cases, to fail to return the property even if someone is not convicted of a crime.

If you are being charged with a crime and believe you have also been a victim of wrongful asset forfeiture, even if you are certain you are innocent, you need to get help right away from a Texas criminal defense attorney.

Understanding Asset Forfeiture Laws in Texas 

In past years, Texas police have made tens of millions of dollars annually from seizing property supposedly involved in criminal behavior. This is because, to convict someone of a crime, a prosecutor has to prove a person is guilty beyond a reasonable doubt, but when someone’s property is seized, and the government wants to keep it, a prosecutor simply has to show the property was more likely than not involved in committing a crime. This effectively puts the owner of the property in a position where they have to prove the property was not involved in committing a crime. In practice, this means that the mere suspicion of involvement in criminal activity means the police can and do take cars, cash, phones, and even houses.

Civil forfeiture is rightly criticized by politicians and civilians on both sides of the political aisle for being a violation of Texans’ civil rights. Reform efforts are underway, but despite civil forfeiture reform being on both parties’ 2024 platform, no laws have yet been passed restricting the practice. So what can you do about it if police seize your property? 

How Can I Get My Stuff Back if the Police Took It During a Criminal Investigation? 

As with many other unethical behaviors on the part of prosecutors and police, civil forfeiture is most often used against those who do not know their rights or cannot defend themselves because they cannot afford an attorney.

There are several arguments an attorney can make to help recover seized property. The best argument will depend on the factors of your case, such as whether:

• The police did followed the correct proceedings when confiscating the property or arresting you
• The property is yours or was being used by someone else accused of committing a crime
• You obtained the property before or after a crime was allegedly committed
• The forfeiture happened after the statute of limitations had passed 
• You were acting under duress
• You were a victim of domestic violence

With the help of a great attorney, you may even be able to get certain property back while a case is ongoing.

Hire a Collin County, TX Criminal Defense Lawyer Now

Having an aggressive Plano, TX criminal defense attorney on your side is your best shot at beating the charges against you and getting your seized assets back. At The Crowder Law Firm, P.C., we take the Constitution seriously and fight for every client’s civil rights. Call 214-544-0061 to schedule a free consultation and stand up for your constitutional rights.