For many people, a drug conviction feels like the end of the legal road. But as a UK case in the news this week shows, the criminal sentence is often only the first half of the fight — the second half is the government coming after the money. At L & L Law Group, PLLC, we use this story to explain how asset forfeiture works in Texas drug cases, and why what happens to a defendant’s cash, cars, and jewelry can matter as much as the prison term itself.
What Happened
British rapper Digga D, whose legal name is Rhys Herbert, was back in court this week for a financial reckoning that followed his drug conviction. According to BBC News, a preliminary Proceeds of Crime Act hearing at Lincoln Crown Court established that he gained roughly £153,000 from his offenses. Herbert was originally sentenced in January 2025 to three years and 11 months in prison for importing cannabis and distributing 99 pounds (about 45 kilograms) of it on a commercial scale.
At the hearing, prosecutors and the defense agreed on the £153,000 benefit figure and asked to postpone the rest of the proceedings to sort out the transfer of funds and jewelry uncovered during the investigation. The matter was reset to September 18. In short: the conviction is done, but the government’s effort to claw back the proceeds is still playing out.
This is L & L Law Group’s legal commentary on a national news story. We do not represent anyone involved, and nothing here is a prediction about that case.
The Texas Equivalent: Civil Asset Forfeiture
The UK calls it “proceeds of crime.” Texas calls it civil asset forfeiture, and it is governed by Chapter 59 of the Texas Code of Criminal Procedure. The core idea is the same: the State can seek to take property that is alleged to be the proceeds of, or used in, certain crimes — especially drug offenses. In Texas, this commonly includes:
- Cash believed to be drug proceeds — even large sums found during a traffic stop.
- Vehicles used to transport drugs.
- Jewelry, electronics, and other valuables purchased with alleged drug money.
- Real estate used to facilitate a drug operation.
The most important — and to many people, the most surprising — feature of Texas forfeiture is that it is a civil action against the property itself, not a criminal case against the person. That leads to case names like “State of Texas v. $50,000 in U.S. Currency.”
Why a Lower Burden of Proof Matters
In a criminal drug case, the State must prove guilt beyond a reasonable doubt. But in a Texas civil forfeiture case, the government only has to prove by a preponderance of the evidence — essentially, more likely than not — that the property is connected to criminal activity. That lower bar is exactly why forfeiture is such a powerful tool, and why property can sometimes be forfeited even when the underlying criminal charge is reduced or dismissed. The two proceedings run on separate tracks.
Can You Get Your Property Back?
Yes — but it requires prompt, affirmative action. Texas forfeiture has strict deadlines, and missing them can mean losing property by default. Common defenses and strategies include:
- Challenging the seizure. If the stop, search, or seizure violated the Fourth Amendment, the evidence supporting forfeiture may be suppressed.
- Breaking the “substantial connection.” The State must tie the property to criminal activity. Showing a legitimate source for cash or assets — income, a loan, a gift — can defeat the claim.
- The innocent-owner defense. A spouse, family member, or lender who owns the property and did not know about or consent to the illegal use may be entitled to its return.
- Proportionality. The Eighth Amendment’s Excessive Fines Clause can limit forfeitures that are grossly disproportionate to the offense.
How the Underlying Drug Charge Looks in Texas
The conduct behind this case — large-scale cannabis distribution — would be charged seriously in Texas. Under the Texas Health & Safety Code § 481.120, delivery of marijuana is graded by weight, and 45 kilograms (about 99 pounds) falls in the more than 50 pounds but not more than 2,000 pounds tier — a second-degree felony punishable by 2 to 20 years in prison. Layer the forfeiture action on top, and a defendant can face both a lengthy sentence and the loss of the assets the State links to the operation.
Frequently Asked Questions
Can Texas take my property without convicting me of a crime?
Yes. Civil asset forfeiture under Chapter 59 is a separate civil action against the property itself. The State only needs to show by a preponderance of the evidence that the property is connected to crime — a lower standard than a criminal conviction requires.
How long do I have to fight a forfeiture in Texas?
Deadlines are short and strict. After property is seized, the State files a notice, and the owner must respond within a limited window or risk losing the property by default. Acting quickly with a lawyer is critical.
What if the cash or car belonged to a family member?
Texas recognizes an innocent-owner defense. An owner who did not know about or consent to the property’s illegal use may be able to recover it, but they must come forward and prove their interest.
How much marijuana does it take to be a felony in Texas?
Marijuana delivery is graded by weight. More than 50 pounds up to 2,000 pounds is a second-degree felony (2 to 20 years). Larger amounts climb to first-degree-felony exposure, and forfeiture of related assets can accompany any of these charges.
How L & L Law Group Can Help
A drug case is rarely just about the criminal charge — it is also about protecting what you own. At L & L Law Group, PLLC, we defend clients in Frisco, Collin County, Dallas County, and throughout North Texas against drug-distribution and trafficking charges and the civil asset forfeiture actions that come with them. If the State has seized your cash, vehicle, or other property, the deadlines move fast and the early decisions matter most. Call us at (972) 370-5060 for a confidential consultation.