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First they arrest you, then they take your property

More and More clients are coming to me stating that along with being arrested, the police have taken their personal property too, and not wanting to give it back.

Unfortunately, this tactic is used by authorities to seize your property, sell it, and keep the proceeds. This proceeding is civil in nature, and although it stems usually from an alleged criminal matter, the proceedings are held separate from any criminal proceeding.
The situation usually plays out like this:
You're driving along, you may have some dope or illegal substance in your car, you get pulled over, the cops don't give you a chance, they arrest you, search your car, and find the dope. They then keep all your money and your car, and claim its proceeds of "criminal activity."
The case on your property then goes on to be held in a civil court. If you don't respond, or wait, or don't get an attorney who knows what's going on, you lose your money or property and the State of Texas gets a win.
If you are able to respond in time and fight to get your property back, it's an uphill battle. The legal standard involved is extremely low, and you're going to have to come up with a strong defense to win.
As the budget in Texas continues to dip, we'll continue to see the State coming after your property in these types of situations. Be prepared and lawyer up.
Shoot me a message if you have any questions.
J Vela
Categories: Criminal Defense
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