Defendant received a sentence of 24 months state jail and a fine of $2,500. $1,500 that was confiscated at the time of his arrest is being held as evidence at the Sheriff's office. There was insufficient evidence to file a forfeiture action on the $1,500. Question: is there a mechanism I can use to attach or seize the $1,500 to pay a portion of the fine if the defendant does not appeal?

I don't know a criminal procedure mechanism off the top of my head, but you could try filing a civil suit for debt, then immediately asking for a writ of attachment (see sec. 66.001 et seq., Civil Practice & Remedies Code). It will help, of course, if you can show that your misunderstood miscreant actually owns the money.

CCP art. 43.07 says you can get a an execution for a fine and costs and that the same is collected and returned as in civil actions. This is great when the defendant has money to pay the fine and costs but refuses to do so.

Get yourself an execution issued for the fine and costs, just like the clerk would do in a civil case. Since the money is held by the Sheriff and you can't garnish it (can't garnish money held by a government or court, usually), also get yourself a turnover order. Probably need a hearing on that turnover order so you don't get any due process allegations. Let the defendant's attorney scream about how that money was going to be used for something else. The turnover order should order the Sheriff to turn the money over to the Constable (you'd want a constable collecting it, since the Sheriff has the money), but you will only be able to get it if there is no lien on the money or prior claim on it that still may need to be paid for the purpose that the money was taken. In other words,if the money was taken for a bond and the bond is not satisfied yet, you will have to stand in line until prior claimants disclaim.

Make sure all along that the records are consistent that this is just a partial satisfaction of judgment, just the fine and costs (not the incarceration). Watch the wording on the execution!!!

When the turnover order is issued for the amount of fines plus cost, make sure the court records show that same are paid so that the defendant doesn't suffer incarceration for extra time to pay those off and so they aren't hit for them during probation/parole. Get a receipt to show they paid the fine (with your able assistance, of course) -- I have one for $10,000 for a murder defendant I 'helped' pay his fine in this way. This was years ago -- I even got the Court to order the defendant to pay attorney's fees to my county for the lawyering I had to do to get the execution and turnover, but don't be greedy.

This is a tool we should use more often....