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....We face a two–fold problem.First, what about occasions where a law-abiding person’s property is linked to a crime, but the owner had no involvement in the act (i.e., ever loaned your car to someone)? The burden is on the owner to prove that he or she is an “innocent owner.”Believe that truly innocent owners don’t have their property forfeited? Think again.A Houston used car salesman, Zaher El-Ali, sold a vehicle on credit to a buyer, but retained title until the vehicle was paid for. The buyer was arrested for drunken driving and cocaine possession, and Mr. El-Ali’s vehicle was forfeited.....https://www.tribtalk.org/2017/02/17/distracted-media-missed-the-asset-forfeiture-issue/
Second, what about cases where a prosecutor does not have enough evidence to earn a criminal conviction or enough evidence to even support filing criminal charges? Under Texas law, because asset forfeiture is a charge against the property and not the person, the owner may still be forced to forfeit the property.
