Can You Lose Property Because of Someone Else’s Crime?

 Posted on September 28, 2026 in Criminal Asset Forfeiture

Texas asset forfeiture cases are filed against property rather than against a person, which means the owner does not have to be charged, arrested, or convicted of anything. A car, a bank account, or a house can be seized when the state claims it is connected to someone else's criminal conduct. This means you can lose property in Texas because of a crime someone else committed, but the state must prove the property is subject to forfeiture before it can keep it.

If your property was seized in 2026, a Dallas, TX asset forfeiture defense lawyer can explain what you have to prove to get it back.

How Does Civil Asset Forfeiture Work in Texas?

Under Texas Code of Criminal Procedure Article 59.02, property can be seized and forfeited if it qualifies as contraband. Depending on the offense, this can include property used or intended to be used to commit certain crimes, as well as money or other property obtained from criminal activity.

A forfeiture case is different from the criminal case against the person accused of the crime. The forfeiture case is a civil lawsuit against the property itself. This is why these civil forfeiture cases will have names like State of Texas v. $18,400 in United States Currency.

The owner does not have to be convicted of a crime before the property can be forfeited. In fact, a final criminal conviction is not required for a Chapter 59 forfeiture case to proceed.

Can Police Take Property That Belongs to Someone Who Isn’t Accused of a Crime?

Police can seize property belonging to someone who is not accused of the underlying crime if they believe the property is connected to criminal activity in a way that makes it subject to forfeiture.

For example, a parent might lend a car to an adult child and later learn that police seized it during an investigation. Money in a joint account can also become part of a forfeiture case if the State claims that some or all of the funds are connected to criminal activity.

Texas law provides some protection for people whose property is seized even though they were not involved in the alleged crime. This is known as the innocent owner defense. Whether it applies depends on when the person acquired the property and whether they knew, or reasonably should have known, that it was connected to criminal activity.

The Innocent Owner Defense

Under Article 59.02, a person who owns the property may be able to keep it by showing that they were not involved in the alleged crime and did not know the property would be used for illegal activity.

For example, if you owned a car before someone else allegedly used it to commit a crime, you may have a defense if you did not know and had no reasonable reason to know that the car would be used that way. Different rules can apply if you bought or received an interest in the property after the alleged crime happened.

You have to prove the innocent owner defense by a preponderance of the evidence, which means showing that your version of the facts is more likely true than not. Vehicle titles, receipts, loan records, bank statements, and messages are common evidence used to help prove that you owned the property and did not know about the alleged illegal use.

What Property Can Police Seize in a Texas Forfeiture Case?

Depending on the alleged offense and the property's connection to it, property subject to seizure may include:

• Cash, including money found during a traffic stop

• Vehicles, including one titled to a spouse, parent, or friend

• Real estate, including a home where alleged activity took place

• Bank accounts and their contents

• Phones, computers, jewelry, and firearms

• Business equipment, inventory, and work vehicles

The fact that police seized an item does not by itself prove that the State is entitled to keep it. The State still has to show that the property meets the legal definition of contraband and is subject to forfeiture.

What Should You Do After Your Property Is Seized in Connection to a Criminal Case in Dallas?

According to Texas law, the attorney representing the State must begin the forfeiture proceeding within 30 days after the property is seized. The case begins when the State files a notice of seizure and intended forfeiture with the appropriate district court.

After you are formally served with the lawsuit, pay close attention to the deadline listed in the citation. In most Texas civil cases, you must file a written answer by 10:00 a.m. on the first Monday after 20 days have passed since you were served with the lawsuit. If you do not respond on time, the State may seek a default judgment and obtain the property without the court hearing your defenses.

Keep the seizure paperwork, receipts, titles, bank records, and any other documents showing that you own the property and explaining where it came from. An attorney can also review whether the State can establish the required connection between the property and the alleged crime and whether an innocent-owner protection applies.

Schedule a Free Consultation With Our Dallas County, TX Asset Forfeiture Defense Attorney

Attorney Arnold Spencer has more than 30 years of legal experience. He’s a strong trial lawyer and litigator. He can use that in forfeiture work because these cases are won by challenging the state's evidence rather than by waiting for the criminal case to resolve. 

If you have questions about getting your property back from the State, contact Spencer & Associates at 214-376-4441 to talk to our Dallas, TX asset forfeiture defense lawyer today.