I have a case where the Defendant was arrested for a narcotics delivery charge. His motorcycle was seized and a forfeiture action was filed. Defendant hired an attorney. The defense attorney and I had a deal to wrap up the criminal case and the civil case.

Before the plea to the criminal charge and agreed judgment, Defendant was picked up on a conspiracy to distribute charge by the feds. The defense attorney withdrew, and Defendant was appointed a new criminal attorney. Of course, the appointed criminal attorney can't represent Defendant for the forfeiture action.

I'm trying to wrap up the forfeiture case, but am being told the feds won't allow Defendant to come to State court for a civil matter.

Does anyone know if I can get Defendant into State court for the civil matter? What options do I have? Am I forced to nonsuit?

Thanks.

Do a motion for summary judgment.

The Sixth Amendment right to personally confront witnesses pertains to a defendant's rights in all criminal prosecutions and does not pertain to a civil proceeding in forfeiture. $13,720 v. State of Texas, 2004 Tex. App. LEXIS 9029. We resolve these types of cases all the time and never bring the criminal defendants into court.