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Defending Against A Civil Asset Forfeiture Case
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Defending Against a Civil Asset Forfeiture Case in Texas

Defending Against a Civil Asset Forfeiture Case in Texas

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What's Inside

  • Overview of Civil Asset Forfeiture
  • The Story of Steve Carter: A Civil Asset Forfeiture Example
  • Questions You May Have About Civil Asset Forfeiture
    • 1. What is Civil Asset Forfeiture?
    • 2. What is the difference between "a seizure" and "a forfeiture?"
    • 3. Who can seize property?
    • 4. What types of property can be seized?
    • 5. When can civil asset forfeiture happen?
    • 6. Is a warrant required to seize my property?
    • 7. Do I have to be convicted of a crime for my property to be seized?
    • 8. What protections do I have if my property is seized?
    • 9. Do I have a right to a court-appointed attorney?
    • 10. Do I have the right to an attorney at all?
    • 11. If my property is seized, is it automatically forfeited?
    • 12. Will it cost me money to challenge the seizure?
    • 13. Will I have a jury trial?
    • 14.Can I get my property back before the forfeiture case is decided?
    • 15. What if the property is my home?
    • 16. What rules is the State required to follow in a forfeiture case?
    • 17. What is the State's burden of proof?
    • 18. What are some defenses I can use to challenge a seizure?
    • 19. What are Pleadings?
    • 20. What Pleadings should I file?
    • 21. What is the difference between filing a document and serving a document?
    • 22. How do I file a document?
    • 23. How do I serve a document?
    • 24. Do I have to file and serve documents in a forfeiture case?
    • 25. Who do I need to Serve?
    • 26. What happens if I miss a deadline for a Pleading?
    • 27. What is "Discovery," and what is a "Discovery request?"
    • 28. What should I do if the State sends me a request for discovery?
    • 29. What happens if I miss a deadline to respond to a request for discovery?
    • 30. Should I send the State my own discovery requests?
    • 31. What are the possible ways my case could end?
    • 32. What is a settlement agreement?
    • 33. What can I do to settle my case?
    • 34. What documents/evidence should I bring with me to court?
    • 35. How should I talk to the judge in my case?
    • 36. What should I wear to court?
    • 37. Can cell phones be turned on during court?
    • 38. What is a default judgment?
    • 39. Once a default judgment is entered, is there anything I can do?
    • 40. What happens if I lose my case? Can I appeal?
    • 41. What can the State do with my property if I lose the case?
    • 42. What do I do if I am feeling overwhelmed? What do I do if I feel like this is too much for me to handle?
  • Checklist for Appearing in Court
  • Documents You Might Need
    • Letter to the District Attorney
    • Pleadings
    • Discovery
    • Summary Judgment
    • Judgment
  • About Texas Appleseed
  • Acknowledgements
  • Related Resources
    • Video Library
    • Sample Pleadings & Forms
    • Other Helpful Organizations
    • Glossary
  • Tell Us Your Story

All Guides In This Toolkit

  • Defending Against a Civil Asset Forfeiture Case: A Toolkit for Property Owners
This toolkit was made possible with support from
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This guide is not meant to provide legal advice, either specific or general. For legal advice, you should consult a lawyer. Legal aid or the Texas State Bar may be able to help you find a lawyer for your civil asset forfeiture case. There is no guarantee that using the information in this guide will result in you winning your case, but it may be able to help.