Defendant convicted for gambling promotion(47.03) and not possession of gambling device or equipment(47.06). Can I still seek forfeiture of 8-liner, cash, etc. pursuant to article 18.18? Does anyone have any thoughts?

Eduardo Serna

18.18 should work, but you may need to proceed under the theory that items sought to be forfeited are "criminal instruments" and the conviction for gambling promotion "was for an offense involving a criminal instrument."

You could also proceed under 18.18(b) and let the possessor show cause why the property should not be forfeited. That should avoid any due process complaint, given the provisions for notice and a hearing.

Just my 2 cents.