What is the difference between civil and criminal forfeiture?

In Texas, civil and criminal forfeiture are two distinct aspects of drug crime law. Criminal forfeiture is a court-ordered action taken by the state to take away or “forfeit” property that has been used in the commission of a crime. Criminal forfeiture can occur after an individual is convicted of a drug crime and the court orders that the defendant’s property and proceeds from the crime be forfeited as punishment. This usually applies to items such as money, cars, or homes that have been used to facilitate or finance a drug crime. Meanwhile, civil forfeiture is a legal tool used by law enforcement that allows them to seize property without charging the owner with a crime. Civil forfeiture is based on the belief that property has been used in the commission of a crime and can be pursued whether or not the owner of the property is convicted of a crime. For civil forfeiture to be successful, the state must prove that the seized property is connected to criminal activity and should be forfeited as part of the punishment. In summary, criminal forfeiture occurs after an individual is convicted of a drug crime and the court orders that their property or proceeds be forfeited as punishment. Civil forfeiture does not require a conviction and is based on the belief that the property has been used in the commission of a crime.

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What is the difference between civil and criminal forfeiture?

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