Asset Forfeiture Attorney in San Antonio, Texas
An asset forfeiture involves the government taking possession of property and other assets connected to a crime. More specifically, if law enforcement believes the property was used during the act of committing a crime or it was purchased with money acquired through criminal activity, they can seize it. This is an extremely complex criminal charge with many grey areas.
If you’ve been subject to asset forfeiture, you need to seek experienced representation to ensure your rights are protected. At the Cabanas Law Firm, we’re well-versed in federal laws pertaining to asset forfeiture and have been representing clients facing the seizure of their assets since 2007. Contact us at (210) 446-4090 today.
Understanding Asset Forfeiture
During an asset forfeiture, the federal government confiscates private property associated with criminal activity. They may then seek to permanently seize these assets. Often, these seizures are excessive and leave the defendant with no financial means of defending themselves.
There are two primary types of asset forfeiture. These include :
- Criminal forfeiture – This occurs after an individual has been convicted of a crime. In these cases, the forfeiture is part of the individual’s punishment. Criminal forfeitures are considered “in personal actions,” which means the court is more concerned with the person’s interest in the property instead of the property itself. If the conviction is overturned, the asset forfeiture cannot take place.
- Civil forfeiture – This type of forfeiture doesn’t require the criminal conviction of the property owner. Authorities must only suspect that the property was somehow involved in criminal activity. Civil forfeiture has come under scrutiny in recent years, as it’s seen as an invasion of a person’s private property.
Federal asset forfeiture statues give the government the power to confiscate property even if there’s not substantial evidence it’s connected to a crime. If this happens to you, it’s important you hire an attorney to defend your rights. The legal team at the Cabanas Law Firm has the knowledge and resources needed to build a strong defense strategy. We’ll examine the details of your asset forfeiture to determine if your rights were violated.
Types of Assets That Can Be Seized
A government forfeiture can result in the seizure of a wide range of assets. Many times these assets are viewed by the authorities as evidence that a crime was committed. Authorities can also confiscate items they believe were obtained through criminal activity. Examples of assets that are commonly seized include :
- Real estate property
- Bank accounts
- Cell phones
- Investment proceeds
If you’ve been the target of asset forfeiture, it’s important you obtain legal defense representation right away. The longer you wait, the harder it will be to reverse the forfeiture. At the Cabanas Law Firm, we’ll work quickly to build a strong defense for your case. We’ll request an Adverse Preliminary Hearing in an effort to have your property returned to you. It’s our goal to protect your rights so you can move past the event as soon as possible.
Contact a San Antonio Asset Forfeiture Lawyer
Whether you’re facing a criminal or civil asset forfeiture, the Cabanas Law Firm can help protect your rights and fight for the return of your property. We understand the complexity of asset forfeitures and will create a custom-tailored defense based on the details of your case. Contact us at (210) 446-4090 to schedule a consultation today.