Seized Money Returned From 2018 Arrest
The Fayette County Attorney’s Office returned $6,725 that was seized from a man during a 2018 arrest for misdemeanor possession of marijuana.
Schulenburg Police arrested the defendant on July 31, 2018, for misdemeanor possession of between two and four ounces of marijuana. He was also charged with misdemeanor unlawfully carrying a weapon, since it is illegal to carry a weapon while in possession of illegal drugs. The arresting officer seized two firearms the man was carrying along with $6,725 in cash. The officer signed an affidavit saying the cash was “proceeds of illegal acts.” The affidavit did not reference any evidence connecting the man’s cash to criminal activity. Under Texas’ controversial civil asset forfeiture system, prosecutors can file lawsuits to take a criminal defendant’s property in civil court, where the defendant has no right to an attorney. These cases are separate from any criminal charges the defendant faces. Prosecutors are free to pursue these forfeiture cases in civil court even if they drop criminal charges. The defendant sent a hand-written letter to the court on Sept. 12, 2018, in which he denied that the cash was ill-gotten. In the letter, the defendant stated that he and his wife had gotten into an argument on the day of his arrest.
“My wife wanted me to gather some clothes so that I could go and stay with my parents until I cooled down,” he wrote. “So I was doing just that, and grabbing some other personal belongings, which included cash and guns.
“So I loaded up anything that I did not want to lose forever,” he continued. “The money that was seized from me has taken over two years to save up. And not one penny of it was from any kind of illegal acts. “Nothing illegal about saving money in my home that I have bled and sweat over for years, trying to teach my children how to save money so we can do things together,” he added. “Therefore, I will not agree to forfeit my money over to anyone.”
The defendant eventually accepted a plea deal for the charge of unlawfully carrying a weapon. The prosecution dropped the civil forfeiture case earlier this year. District Judge Jeff Steinhauser signed an order to return the man’s money on August 31. The order forfeited the two guns to the Schulenburg Police Department.