tag:blogger.com,1999:blog-8597101.post3860764153656168081..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: New Mexico will require criminal conviction for asset forfeiture, will Texas?Gritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-8597101.post-17561767386234885642015-03-30T00:40:28.226-05:002015-03-30T00:40:28.226-05:00I have an even simpler solution. treat them like a...I have an even simpler solution. treat them like any other thug with their hand on your money or property. Shoot their ass and then worry about what they were wearing.rodsmithnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-71060368192340383792015-03-27T10:05:04.083-05:002015-03-27T10:05:04.083-05:00No one's talking about protecting assets deriv...No one's talking about protecting assets derived from criminal activity. In fact, they're saying that if someone is convicted it's okay to take their property.<br /><br />What this law is about is not taking property from people who haven't been convicted of anything. In other words, protecting the property of non-criminals. I'm not sure why anyone would be against that.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-8500996491519433362015-03-27T06:53:37.693-05:002015-03-27T06:53:37.693-05:00There is a very simple solution to all this: chan...There is a very simple solution to all this: change where the money goes. Prosecutors get zero, law enforcement 10 or 20%, the rest goes to a food bank or homeless shelter.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-70861535404984681202015-03-27T01:08:36.055-05:002015-03-27T01:08:36.055-05:00Vehicles are routinely forfeited in felony DWI cas...Vehicles are routinely forfeited in felony DWI cases. The way to get a felony DWI is to drive drunk with a child passenger, drive drunk 3 or more times, or intoxication assault/manslaughter if you cause a drunk wreck that results in serious bodily injury or death. So yeah, nobody is crying over a forfeited vehicle in those cases because we have all been trained to believe that drunk driving is the worst thing ever.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-25947713541927003962015-03-26T20:23:45.275-05:002015-03-26T20:23:45.275-05:00Would be interesting if they State prosecutors wou...Would be interesting if they State prosecutors would apply civil forfeiture to all DWI convictions. Convicted of DWI? Take their cars. <br />That would suck. <br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-85155595653520310732015-03-26T18:51:52.139-05:002015-03-26T18:51:52.139-05:00I was stunned by this news. Seizing a person's...I was stunned by this news. Seizing a person's assets before conviction is flat out wrong.ashelton3https://www.blogger.com/profile/06030074848554887836noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-54339018402515343022015-03-26T14:53:35.013-05:002015-03-26T14:53:35.013-05:00Ok. What about eminent domain? Oh right, protect...Ok. What about eminent domain? Oh right, protect the assets derived from criminal activity but allow the taking of someone else's without their consent for the 'public good."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-624882225988349332015-03-26T12:15:49.636-05:002015-03-26T12:15:49.636-05:00Sorry guys but the bill makes perfect sense. who g...Sorry guys but the bill makes perfect sense. who gives the state the right to just take your property because one of their officials "think" it was obtained illegally? The state of Texas needs to learn how to respect the Constitution and not honor just the laws that benefit the state.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-64136075675433581032015-03-26T12:12:55.871-05:002015-03-26T12:12:55.871-05:00Sorry guys but the bill makes perfect sense. who g...Sorry guys but the bill makes perfect sense. who gives the state to just take your property because one of their officials "think" it was obtained illegally? The state of Texas needs to learn how to respect the Constitution and not honor just the laws that benefit the state.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-6083917869305169402015-03-26T11:34:48.539-05:002015-03-26T11:34:48.539-05:00Here in Dallas, where we've seen 3 independent...Here in Dallas, where we've seen 3 independent audits of the Dallas County DA's forfeiture funds gear up in the past 6 months, it doesn't seem like a big jump to argue that following New Mexico's lead is a good idea. <br /><br />I just recommended we do this yesterday in my own post -- follow New Mexico's example -- if not outlawing forfeiture across the board here in Texas. <br /><br />Why? Not taking someone's property unless and until they are convicted seems pretty logical in my book. <br /><br />Also, the wealth stacking up in these forfeiture funds is such a huge temptation to county prosecutors. <br /><br />Example (besides Watkins): the county prosecutor who pled guilty to federal felony charges after he got caught misusing forfeiture funds and as part of the plea deal, agreed to return over $2 MILLION that he'd grabbed out of the county goodie bag.<br /><br />For more detail, including my take on the inadequacy of pending Texas forfeiture legislation, see my blog post yesterday: Dallas D.A. Forfeiture Funds: The Temptation of All That Stuff and the Craig Watkins Scandal.<br /><br />http://www.dallasjustice.com/dallas-d-forfeiture-funds-temptation-stuff-craig-watkins-scandal/<br /><br />We're still waiting for the other shoe to drop up regarding former D.A. Craig Watkins' reign over the forfeiture funds here....<br /><br />Regards,<br />Michael Lowe, Dallas Board Certified Criminal Defense LawyerAnonymoushttps://www.blogger.com/profile/00734982218204600718noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-33124119146696509162015-03-26T09:32:52.288-05:002015-03-26T09:32:52.288-05:00While I am not nor have I ever been a big proponen...While I am not nor have I ever been a big proponent of the ACLU, I do agree it's about time that Texas came clean and lived up to the adage of innocent until proven guilty. Texas, like too many other states has seized property of the innocent, and never returned it after it was found that the person was innocent. This bill is long overdue.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-52839605034641388292015-03-26T03:05:50.253-05:002015-03-26T03:05:50.253-05:00Lets keep our heads in the sand, boys. Much safer ...Lets keep our heads in the sand, boys. Much safer that way. For a while at leastmike bowershttps://www.blogger.com/profile/02901968062947728841noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-85234916367287401292015-03-25T20:24:42.211-05:002015-03-25T20:24:42.211-05:00The bill was supported by the American Civil Liber...The bill was supported by the American Civil Liberties Union? Well that tells me all I need to know. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-34974527413396526602015-03-25T18:00:55.055-05:002015-03-25T18:00:55.055-05:00this right here is what made the civil asset law i...this right here is what made the civil asset law illegal on it's face. <br /><br />" “Civil” asset forfeiture, by definition, allows law enforcement to seize and keep property without a criminal conviction. It often puts the onus on the property owner to “prove” that he or she obtained the property legitimately, or that it wasn’t used for criminal activity."<br /><br />sorry but under our constitution in any conflict between the state and a citizen the burden of proof is ALWAYS on the state.rodsmithnoreply@blogger.com