What Can an Attorney Do To Help Me Get My Assets Back?

 Posted on March 15, 2026 in Civil Asset Forefiture

When law enforcement takes your property, it can feel like there's nothing you can do about it. The process is confusing, the deadlines are short, and the government has significant resources on its side. However, you have rights, and an attorney can help protect them.

If your cash, vehicle, or other property has been seized in Texas, an El Paso County, TX asset forfeiture lawyer can step in, challenge the government's case, and fight to get your property returned to you.

What Is Civil Asset Forfeiture and How Does It Work in Texas?

Civil asset forfeiture allows law enforcement to seize property they believe is connected to criminal activity. In Texas, this is governed by the Texas Code of Criminal Procedure, Chapter 59, which allows police to seize cash, vehicles, real estate, and other assets suspected of being used in or derived from certain crimes.

What makes civil forfeiture different from criminal forfeiture is that the property itself is the target, not the person. A charge doesn't have to be filed against you for your property to be taken. Once it's seized, the burden falls on you as the owner to prove your property should be returned. That's a difficult position to be in, and it's exactly the kind of situation where having an attorney makes a real difference.

What Happens After Your Property Is Seized in Texas?

After a seizure, law enforcement must give you written notice of the forfeiture proceeding. Under Texas Code of Criminal Procedure § 59.04, you have a limited window to respond and contest the forfeiture. If you miss that deadline, even by a day, you can lose the right to challenge the seizure entirely, and the property may be forfeited by default.

An attorney can make sure you don't miss those deadlines. They can also review the notice you received, explain what it means, and map out the steps needed to protect your property from the moment you reach out.

How Can an Attorney Challenge an Asset Forfeiture in Texas?

This is where having the right legal help matters most. An attorney can look at every aspect of the seizure and identify the strongest arguments for getting your property back.

Common strategies include:

• Challenging whether law enforcement had probable cause to seize the property in the first place

• Arguing the innocent owner defense, which means showing that you had no knowledge of and did not consent to any illegal use of the property

• Challenging whether the property was actually connected to any criminal activity

• Filing a motion to suppress evidence if your Fourth Amendment rights were violated during the search or seizure

In Texas, the state must prove by a preponderance of the evidence that the property is subject to forfeiture. Your attorney can challenge that evidence and present your side of the story.

What Is the Innocent Owner Defense, and How Can an Attorney Use It?

Under Texas law, an innocent owner can contest a forfeiture by showing they had no knowledge that the property was being used for illegal purposes, or that they took reasonable steps to prevent its misuse. This defense is particularly important when property was seized because of someone else's actions, such as a family member or tenant.

An attorney can build this defense by gathering evidence of your relationship to the property, your knowledge at the time of the seizure, and any steps you took to prevent illegal activity. It's not just about saying you didn't know. It's about proving it in a way that holds up in court.

Can Federal Law Complicate a Texas Asset Forfeiture Case?

Texas law enforcement can partner with federal agencies through a process called equitable sharing, which allows them to pursue forfeiture under federal law instead of state law. When this happens, federal rules apply, and the proceedings can be significantly more complex.

An attorney who understands both state and federal forfeiture law can identify when equitable sharing is at play and adjust the defense strategy accordingly. Without that knowledge, it's easy to miss critical procedural differences that can affect the outcome of your case.

Schedule a Free Consultation With Our El Paso, TX Asset Forfeiture Defense Attorney

Getting your property back is about more than just showing up and asking for it. It requires knowing the law, meeting the deadlines, and making the right arguments in court. With more than 30 years of legal experience and a reputation as a strong trial lawyer and litigator, Attorney Arnold Spencer knows how to take on the government and fight for the return of your property.

If your assets have been seized, find out how Spencer & Associates can help. Contact our El Paso County, TX asset forfeiture lawyer today by calling 214-376-4441 to schedule a free consultation.