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The investigation also found that in about 60% of the cases, the property owners did not fight the civil forfeiture action, resulting in the local government keeping the property by default. About 20% of the cases never resulted in a criminal prosecution; in Webb County, more than half of the cases never resulted in criminal prosecution. In about 40% of the cases, even if there was a prosecution, no one was found guilty of a crime.
Civil asset forfeiture has come under fire in recent years. Earlier this year, a Supreme Court ruling placed limits on the ability of states to seize property whose value outweighs the severity of the alleged crime. Some states now have adopted legislation that requires a criminal conviction to take assets through civil forfeiture. The Texas legislature, however, has declined to address the issue thus far. If you or a family member is facing any criminal charges, we may be able to help. As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 399-2311 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.