ALEX HERNANDEZ TRIAL LAW

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CIVIL FORFEITURE ATTORNEYS

When the police keep property in the commission of an alleged crime they may seize as evidence or they may do a “civil forfeiture.”  Attorney Alex R. Hernandez Jr. handles civil forfeiture matters throughout the state to protect property that’s been legally or illegally seized by the authorities.  There are only a few cases where property can rightfully seized and they fall under the Texas Code of Criminal Procedure Section 59.05, the property seized must fit under the definition of contraband which falls under the following definition under the statute:

“Contraband” means property of any nature, including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under the Penal Code;
(ii) any felony under Section 15.031(b), 20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under The Securities Act (Article 581-1 et seq., Vernon’s Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter;
(B) used or intended to be used in the commission of:
(i) any felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);

(ii) any felony under Chapter 483, Health and Safety Code;

(iii) a felony under Chapter 151, Finance Code;

(iv) any felony under Chapter 34, Penal Code;
(v) a Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 32, Human Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that involves the state Medicaid program;
(vii) a Class B misdemeanor under Chapter 522, Business & Commerce Code;
(viii) a Class A misdemeanor under Section 306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal Code;
(x) any offense under Section 46.06(a)(1) or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal Code;
(xii) any offense under Section 20.05 or 20.06, Penal Code; or
(xiii) an offense under Section 326.002, Business & Commerce Code;
(C) the proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to facilitate the commission of a felony under Section 15.031 or 43.25, Penal Code; or
(F) used to facilitate or intended to be used to facilitate the commission of a felony under Section 20A.02 or Chapter 43, Penal Code.

We have the knowledge and experience to handle your civil forfeiture case. Call us today 855-232-1418 from anywhere in Texas.

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