Which burden of proof must the State meet in a Texas Chapter 59 forfeiture case?

• A. Clear and convincing evidence
• B. Preponderance of the evidence
• C. Beyond a reasonable doubt
• D. Probable cause only

Answer: (B)

In Texas Chapter 59 forfeiture, the proceeding is civil in nature, so the State must prove the forfeiture by a preponderance of the evidence. That means the evidence must show it is more likely than not that the property is connected to the offense or derived from wrongdoing. It’s a lower standard than beyond a reasonable doubt, which governs criminal convictions, and lower than clear and convincing in some other civil contexts. Probable cause is not enough to sustain forfeiture. So the State’s case rests on showing that, on balance, it’s more likely than not that the property should be forfeited.