What is Chapter 59 of the Texas Code of Criminal Procedure?
CODE OF CRIMINAL PROCEDURE CHAPTER 59. FORFEITURE OF CONTRABAND.
How do you recover seized money?
Retrieving Money Taken If cash seized is for evidence, a release is required from the prosecutor. For other issues, police should be contacted directly. Any items including money held for safekeeping purposes may be retrieved through the receipt provided by law enforcement when the property was searched with a warrant.
How does asset forfeiture work?
Asset forfeiture is among the government’s most powerful legal tools. With this right, the government can seize your personal property without compensation if it presumes that the property was used in the commission of a criminal offense or purchased with the profits of criminal activity.
What is a defense to asset forfeiture?
The “illegal search and seizure” defense – Based on a person’s Fourth Amendment rights, this asset forfeiture defense involves arguing that law enforcement did not have the right to search for and/or seizure certain property associated with a criminal case (because, for instance, they did not have a warrant or the …
Does Texas have civil asset forfeiture?
Under Texas law, an asset forfeiture proceeding is civil and the property, not the owner, is charged with involvement in a crime. It has been shown that law enforcement agencies are using civil asset forfeiture to fill gaps in their budgets.
What does forfeiture of contraband mean?
Forfeiture of Contraband Contraband property is illegal to possess and, as such, is subject to forfeiture. No one can assert a legal interest in contraband property, so any property interest in it cannot exist. Again, this is why summary forfeiture of contraband is acceptable.12.
What happens with seized money?
Once the cash has been seized, the police have to apply to a Magistrates’ Court to detain the cash. This has to be done within 48 hours and gives them 6 months to carry out their investigations. The catch is, they can do this repeatedly for up to two years and at any time apply to keep the cash permanently.
Can the government confiscate cash?
Yes, police in most states can seize your money even if you’re not charged with a crime. Through a process called civil forfeiture, the government can seize your money if they believe it is linked to a crime.
How can you protect yourself from civil asset forfeiture?
Hiring a New Jersey civil forfeiture attorney is the best way to protect yourself from civil forfeiture. Common defenses to civil forfeiture include: Procedural defense: the government has a certain amount of time within which to file and serve notice of a civil forfeiture action.
What are the requirements for forfeiture of a substitute property?
(3) the fair market value of the substitute property at the time it was seized; and (4) that the owner of the substitute property owned or had an interest in contraband with an aggregate value of $200,000 or more in connection with the commission of an underlying offense giving rise to the forfeiture.
What is a notice of intended forfeiture?
On receiving the sworn statement, the attorney representing the state may file, in the name of the state, a notice of intended forfeiture in a district court in: (1) the county in which the contraband, or proceeds used to acquire the contraband, was known to be situated before its removal out of this state;
When does an attorney represent a state in a forfeiture case?
If property is subject to forfeiture under this chapter and under any other law of this state, the attorney representing the state may bring forfeiture proceedings under either law. Added by Acts 1989, 71st Leg., 1st C.S., ch. 12, Sec. 1, eff. Oct. 18, 1989. Art. 59.12. SEIZURE OF ACCOUNTS AND ASSETS AT REGULATED FINANCIAL INSTITUTION.
What happens when a judgment of forfeiture is not executed?
If a local agreement has not been executed, the property shall be sold on the 75th day after the date of the final judgment of forfeiture at public auction under the direction of the county sheriff, after notice of public auction as provided by law for other sheriff’s sales. The proceeds of the sale shall be distributed as follows: