Criminal

Drug Forfeiture Proceedings

By February 25, 2016 No Comments

Joe is 18 years-old and is a senior in high school. Joe is still living at home with his parents. Joe’s parents are aware that Joe smokes cocaine and they do not approve. What Joe’s parents did not know is that Joe buys his cocaine from the money he makes from selling drugs out of their house.

Joe’s parents have found scales in Joe’s room and a list of telephone numbers, but they do not know the numbers are Joe’s drug contacts. Joe sells from his home a $10 rock of cocaine to a friend, Bobby, who has bought drugs from Joe several times. What Joe does not know is that Bobby is working as a confidential informant to bust drug dealers.

Bobby was arrested a week ago for Possession of a Controlled Substance and now is trying to make a deal with the District Attorney’s office as an informant. Joe is arrested and the State of Texas files a lawsuit for forfeiture of Joe’s parents’ house.

Joe’s parents may or may not have a defense to the forfeiture proceedings.
The State of Texas will argue that Joe’s parents should have been aware that Joe has been selling drugs out of their house by the use of drug paraphernalia found in the house (scales and telephone numbers).

The parents’ will argue they did not know that Joe was selling drugs, and the home was not used to aid this felony offense. Regardless of the outcome, Joe’s parents will likely spend thousands of dollars in attorney fees to challenge this lawsuit.

Francisco Hernandez

Author Francisco Hernandez

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