Legal Question in Criminal Law in Arizona
My friend was originally arrested and charged with(1) possession of dangerous drugs and (2)paraphernelia, Dangerous drug charge was dropped and signed plea for 2nd charge,part of his property that was siezed was currency, My question is now that his court case is finalized he received a disposition of property and would like to know if he is intitled to his currency being returned since he wasnt convicted for possession?
1 Answer from Attorneys
Very good question. The answer is "not necessarily". If the government believes there is enough evidence that the money was drug money, they can move to forfeit it. But for this to happen and for it to have already happened your friend should have received notice, and often it is part of the plea agreement. And, the government may not believe there is enough evidence to convict on the related charge, since in a criminal case the burden of proof is "beyond a reasonable doubt." However, in a forfeiture "proceeding" the burden of proof is lower since it is considered a civil proceeding. I suggest your friend contact the lawyer that represented him and ask these questions of him/her, get his/her help in seeking the return of the money. The law on this issue is complex so the applicable circumstances need to be assessed and reviewed by an attorney.
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