Texas Asset Forfeiture
Texas has some of the worst civil forfeiture laws in the nation, as demonstrated by an Institute for Justice report, Policing for Profit: The Abuse of Civil Asset Forfeiture http://ij.org/report/policing-for-profit/. Texas law establishes a trifecta of circumstances that invite forfeiture abuse. First, Texas allows law enforcement agencies to police for profit—to seize and sell the property then return the proceeds directly into their budgets giving them a financial incentive to abuse this power. Second, Texas uses a “preponderance of the evidence” standard for determining whether a particular seizure is valid, rather than the “beyond a reasonable doubt” standard for criminal defendants. Third, Texas places the burden on the innocent owner to prove his innocence.
If your assets are seized by law enforcement, you find quickly that the deck is stacked against you. You need the services of an experienced criminal defense attorney to protect you and ensure that your rights to your property are protected.
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