Criminal Asset Forfeiture Attorney in El Paso
Under the law, law enforcement has the ability to confiscate property designated as “criminal proceeds” that was used to commit a crime or unlawfully gained from criminal activity. If you are facing criminal asset forfeiture in Texas, it takes an experienced defense attorney to protect your rights. That’s where the Benjamin Law Firm can assist you.
Most assets are seized under Federal Law. In El Paso, this usually happens at the Port of Entry into the United States. We have several Ports of Entry here. The Federal Government can seize cash or vehicles. It has seized airplanes under federal forfeiture law as well. It can seize these assets for failure to fill out the correct registration form.
As a leading defense practice representing clients in Texas, New Mexico, and federally in the United States District Court, we have a proven track record of success in criminal asset forfeiture cases. An example is when the government seized a bank account in El Paso in conjunction with a drug allegation in Colorado. That was a stretch. When the state wrongfully seizes property from innocent people, we know how to fight back. Well-versed in the applicable laws governing asset forfeiture, we will work strategically to help you reclaim your property.
Contact our El Paso office today to get started with an experienced criminal asset forfeiture attorney.
About Criminal Asset Forfeiture in Texas
State prosecutors can bring a criminal asset forfeiture action against a defendant in a criminal case by indicting or charging the property used in or derived from the crime along with the defendant. The objective is to help stop criminal activity and prevent the property from being used to commit other crimes.
The court may order the forfeiture of a specific piece of property listed in the indictment, a sum of money as a money judgment, or other property as a substitute. Criminal asset forfeiture is common in criminal cases such as:
- Drug crimes – possession, distribution, trafficking
- Money laundering, embezzlement, and conspiracy
- The illegal sale, manufacture, or storage of weapons
In a drug crimes case, for example, law enforcement will confiscate cash assuming it is a profit from drug sales or related criminal activity.
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
How Is Criminal Asset Forfeiture Different From Civil Asset Forfeiture?
Although the terms are used interchangeably, civil asset forfeiture in Texas differs from criminal asset forfeiture. In criminal asset forfeiture cases, the government takes property after obtaining a conviction, so the burden of proof is higher – beyond a reasonable doubt. On the other hand, a criminal charge or conviction is not necessary for civil asset forfeiture. The government must only show (by a preponderance of the evidence) that the defendant used the property to facilitate a crime.
Defenses to Criminal Asset Forfeiture
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Contact Our Experienced Criminal Asset Forfeiture Defense Attorney
If you have been charged with a crime and are facing criminal asset forfeiture, turn to the Benjamin Law Firm. As a former prosecutor, Brock Benjamin knows the tactics the state uses to confiscate property and will work to protect your property rights. We handle cases in Arizona, Colorado, New Mexico, and across the great state of Texas.
Contact our El Paso office today to discuss your case in confidence. The Benjamin Law Firm defends people against criminal asset forfeiture throughout Texas.
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"The Team is Awesome"
Mr. Benjamin and his team were extremely professional and helpful. The rest of the team was awesome! He is a great attorney who understood my desired outcome, and work effortlessly to achieve that goal.- Ryan G. -
"Nothing But Great Things to Say"
They are a group of experienced and professional individuals. With their knowledge and constant hard work, my case was resolved and dismissed. I would recommend Benjamin Law Firm without any doubt.- Former Client
