What Defenses Can Be Raised in a Criminal Asset Forfeiture Case?

 Posted on July 30, 2026 in Criminal Asset Forfeiture

Several defenses can be raised in a criminal asset forfeiture case. Finding the right defense for you means speaking with an experienced attorney about the details of your case. Our Harris County, TX asset forfeiture defense lawyer can help you understand your options.

Attorney Arnold Spencer brings more than 30 years of legal experience to asset forfeiture cases throughout Harris County. He also has a reputation as a strong trial lawyer and litigator who isn't afraid to fight for his clients in court.

How Does Texas Law Define Asset Forfeiture in 2026?

Texas addresses asset forfeiture under Texas Code of Criminal Procedure Chapter 59. This law allows the state to seize property believed to be connected to certain criminal offenses. This includes money, vehicles, and real estate allegedly used in or acquired through criminal activity.

This process is technically separate from any criminal charge against you personally. Because of this, the state can pursue forfeiture of your property even if you're never convicted. In some cases, the state can pursue forfeiture even if you're never formally charged with a crime at all.

What Defenses Can Be Raised Against a Texas Asset Forfeiture Case?

Several defenses commonly apply in Texas asset forfeiture cases, depending on the specific facts involved.

Challenging the Connection Between the Property and the Alleged Crime

This is often one of the strongest defenses available. The state must show a connection between your property and the alleged criminal activity. The connection between your property and the alleged crime might be weak, circumstantial, or based on unreliable evidence. If so, your attorney can challenge whether the state has actually met its burden of proof. This defense often involves scrutinizing exactly how investigators linked your property to the alleged offense. Assumptions or coincidental proximity aren't the same as genuine evidence of a connection.

The Innocent Owner Defense

This defense applies when you can show you had no knowledge of, or didn't consent to, the criminal activity connected to your property. It's particularly relevant in situations involving shared property. Examples might include a car or home owned jointly with someone else who engaged in illegal conduct without your knowledge. If you can demonstrate that you were genuinely unaware of the illegal activity and took no part in it, this defense can help you recover property that would otherwise be forfeited.

Arguing the Forfeiture Is Disproportionate to the Offense

Courts have recognized that forfeiture actions must bear some reasonable relationship to the severity of the alleged offense. A forfeiture that's wildly disproportionate to the underlying crime may violate constitutional protections against excessive fines. This defense matters most when the value of the seized property is far more than a reasonable penalty for the alleged conduct. This raises serious questions about whether the forfeiture amounts to an unconstitutional punishment.

Procedural Defenses

Several procedural issues can also provide grounds for challenging a forfeiture action. These commonly include:

• Failure by the state to follow proper notice requirements
• Missed deadlines for filing the forfeiture action
• Improper search or seizure of the property
• Errors in how the property was inventoried or documented
• Lack of proper authority for the seizure at the time it occurred

Forfeiture cases involve specific procedural rules the state must follow. Because of this, any misstep in this process can become an important part of challenging the government's case, regardless of the underlying facts involved.

Challenging an Illegal Search

Perhaps the property was seized through an illegal search. For example, maybe police searched without a warrant, without proper consent, or without another valid legal justification. In that case, your attorney can challenge the legality of that search separately from the forfeiture proceeding itself. If a court finds the search was illegal, evidence obtained as a result may be excluded. This can significantly weaken or even eliminate the state's ability to pursue forfeiture based on that evidence.

How Long Do You Have to Respond to a Forfeiture Action in Texas?

Texas law generally requires you to respond within a specific timeframe after being notified of a forfeiture action. Missing this deadline can result in losing your property by default, even if you had a strong defense available.

These deadlines move quickly, and the consequences of missing them are severe. Because of this, reaching out to an attorney as soon as you learn your property has been seized is critical to preserving your ability to fight back.

Schedule a Free Consultation With Our Houston Criminal Asset Forfeiture Defense Attorney

Fighting to get your property back from the government requires an attorney who understands exactly how these cases work and how to challenge them effectively. Contact Spencer & Associates at 214-376-4441 to talk to our Harris County, TX asset forfeiture defense lawyer today.