32. Asset Forfeiture

Question 0

What chapter of the Texas CCP covers forfeiture?

Answer 0

59

Question 1

Officers have how many days to file for asset forfeiture?

Answer 1

30

Question 2

Property of any nature, including real, personal, tangible, or intangible that is used in the commission of an offense.

Answer 2

Contraband

Question 3

Once property is seized, the officer must provide the attorney representing the state with ________.

Answer 3

• A sworn statement containing a schedule of the property seized
• An acknowledgement that the officer has seized property
• A list of reasons for the seizure

Question 4

An asset forfeiture is a ________ case.

Answer 4

Civil

Question 5

Who is responsible for the seized property?

Answer 5

Seizing officer

Question 6

Not later than __ hours a peace officer who seizes property will ________, ________, ________.

Answer 6

• 72
• Place property under seal
• Remove property to a place ordered by court
• Require law enforcement agency to take custody of the property and move it to a proper location.

Question 7

A bona fide holder of a perfected lien or a perfected security interest in property.

Answer 7

Interest holder

Question 8

Income a person accused or convicted of a crime or the person’s representative or assignee receives from various means.

Answer 8

Proceed

Question 9

The restraint if property by a peace officer, whether the officer restrains the property by physical force or by a display of officer’s authority, and includes the collection of property or the act of taking possession of property.

Answer 9

Seizure

Question 10

May be deposited in interest of bearing account or in jurisdiction of state attorney.

Answer 10

Currency

Question 11

Defenses to forfeiture:

Answer 11

• Innocent owner defense
• Owner acquired the property before illegal act
• Family violence defense
• Dismissal or acquittal of related charges