Canton, TX Criminal Defense Law Firms & Lawyers

Federal and state civil forfeiture laws allow the government to take a house that is used to store or facilitate the sale of drugs. The action is against the property, not the owner of the property or the person responsible for the illegal activity. Once the action is filed, anyone with an ownership or possessory interest in the property can file a claim and contest the forfeiture. There is an "innocent owner" defense available to owners of property. To prevail, you will have to establish that you had no knowledge of your husband's illegal activity and that he used the property for illegal purposes without your consent. You will also have to show that you could not reasonably have known he would use your property to store or sell drugs. There are strict time limits for filing a claim in a civil forfeiture action. You should contact an attorney who handles these matters in your jurisdiction as soon as possible to assist you with filing a claim and advising you as to your chances of prevailing on an "innocent owner" defense.

Unfortunately, you can on expunge cases that resulted in a finding of not guilty or were dismissed. Moreover, with a family violence case, even if you get a deferred you cannot get the record sealed. (Many cases which result in deferred adjudication probation are subject to being sealed from public view.) The assault family violence case will remain on your record. (And, if you get charged with assault family violence against another person in the future - even a different person - it is automatically a felony.)