Defend Your Property When the Government Takes It
West Texas Trial Lawyers, PLLC Represents Clients in El Paso Facing Civil and Criminal Asset Forfeiture, Challenging the Seizure of Cash, Vehicles, and Property Taken by Law Enforcement During Investigations
West Texas Trial Lawyers, PLLC handles asset forfeiture defense for individuals and businesses in Odessa & Midland, TX, whose property was seized by state or federal authorities during drug investigations, traffic stops, or other enforcement actions. You were stopped, searched, or served with a warrant, and officers took your cash, car, or other assets claiming they were connected to illegal activity, even if you were never charged with a crime or the charges were dismissed. Civil forfeiture allows the government to file a case against the property itself, and you must prove by a preponderance of the evidence that it was not involved in or derived from unlawful conduct.
The firm files the required claim forms within strict deadlines, often as short as twenty or thirty days, depending on whether the case is state or federal, and litigates to challenge the basis for seizure. In civil forfeiture, the government does not need a criminal conviction, only probable cause that the property was used in or gained from illegal activity. The burden then shifts to you to show a legitimate source or innocent ownership. In criminal forfeiture, the property is tied to a conviction, and the challenge often involves contesting the underlying charges or the scope of assets subject to forfeiture. Texas law and federal statutes set different thresholds, procedures, and defenses.
If law enforcement seized your property and you received a notice of forfeiture, contact the firm immediately to preserve your right to contest the action before the deadline expires.
How Asset Forfeiture Defense Protects Your Rights
The firm reviews the seizure report, investigates the circumstances of the stop or search, and examines whether officers had legal authority to take the property. In many cases, forfeiture hinges on whether the stop was lawful, whether the search exceeded constitutional limits, or whether the government can prove a sufficient connection between the property and alleged criminal activity. The firm files a verified claim asserting your ownership and challenging the factual and legal basis for forfeiture, then conducts discovery to obtain incident reports, body camera footage, and witness statements.
If the case proceeds to a hearing or trial, West Texas Trial Lawyers, PLLC presents evidence showing legitimate ownership, a lawful source of funds, or lack of knowledge that the property was connected to any offense. In successful cases, the court orders the government to return the property or the parties negotiate a settlement where a portion is returned. In cases involving vehicles, the firm may argue that forfeiture is disproportionate to the alleged offense or that other owners hold a valid interest in the property.
The firm also advises on whether to pursue parallel criminal defense, as outcomes in the criminal case can affect the forfeiture proceeding. Federal forfeiture cases in particular require compliance with detailed notice and claim procedures, and missing a deadline often results in automatic forfeiture by default. The firm tracks all deadlines and ensures timely filings in both state and federal court.
Speak Directly with An Attorney and Get Clear Answers About Your Options and Next Steps.
Common Concerns About Asset Forfeiture Cases
Here are answers to questions that clients in Odessa & Midland, TX, frequently ask when their property has been seized.
What types of property can the government seize under forfeiture laws?
Cash, vehicles, real estate, bank accounts, and any other asset alleged to be proceeds of or used to facilitate criminal activity, even if the owner was not charged or convicted.
How quickly do I need to respond after receiving a forfeiture notice?
Deadlines vary, but in Texas civil forfeiture cases you typically have twenty days from the date of notice to file a claim, while federal cases may allow thirty-five days depending on how notice was served.
Why do I have to prove the property is legitimate when I was never convicted of a crime?
Civil forfeiture is an action against the property, not the person, so the government only needs to show probable cause, and the burden shifts to you to prove the property was not involved in illegal activity.
What happens if I miss the deadline to file a claim?
The government can obtain a default judgment forfeiting the property, and you lose the right to contest the seizure except in rare cases where you can show excusable neglect or lack of proper notice.
When does the government have to return my property?
If you prevail at a hearing or the government voluntarily dismisses the case, the court orders return of the property, though processing and release can take additional weeks depending on where the assets are held.
West Texas Trial Lawyers, PLLC reviews your forfeiture notice and seizure documents to determine the most effective defense strategy and begins the claims process immediately to protect your property rights. Schedule a consultation today.
Trusted by Clients Across West Texas
Real Feedback from Real People We’ve Helped
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“I can't recommend Mr. Alhanna enough. From the very beginning, he was professional, knowledgeable, and genuinely cared about my case. He took the time to explain everything clearly, kept me informed, and fought hard for the best possible outcome.”- Brian F.
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“Excellent experience from start to finish! From the first contact, the team demonstrated impeccable professionalism, responding quickly to my inquiries and offering customized solutions that exceeded my expectations.”- George C.
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“Their legal expertise and strategic approach were evident from our very first meeting. The team was always accessible, communicative, and genuinely invested in my case.”- Ashley R.
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“I’m truly grateful for him and his team. If you’re looking for a reliable, professional lawyer in El Paso, especially for a similar case, I highly recommend Mr. Alhanna!”- Elijah V.
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“If you’re looking for a lawyer in El Paso who actually picks up the phone, gets things done, and treats you with respect — Al Hanna is the one.”- Irving M.
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“As soon as he was retained he took over all communication and relieved so much stress. He followed through on getting the matter handled before any charges were brought and walked me through the entire process in a way that made sense.”- Brittany G.
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“I highly recommend Alhanna! He was so easy to work with, moves fast, and gets the job done.”- Oscar D.
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“Adam Setra is the lawyer you want for your criminal defense. He operates with a proactive approach. He kept me well informed on any case updates he recieved. I couldn't have picked a better lawyer.”- Former Client
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“Love this firm, they are very professional and friendly but most importantly they really keep you updated in your case and actually pay attention on every detail.”- Elizabeth C.