Legal Question in Criminal Law in California

Background

This was a misdemeanor arrest for having possession of one ounce of marijuana purchased from a cannabis center with a medical marijuana card.

The police took a camera, computer and $932 in cash.

Case

The case was dropped. The Judge gave an order to have the 3 above items given back to me the defendant.

I took the order from the Judge to the Sheriff�s office to get the camera, computer and cash.

Sheriff�s office said I can have the camera and computer, but they do not have the money. The Sheriff said they gave the money to the Feds. The End

Is that how our legal system works?


Asked on 2/03/10, 1:35 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You have an order from a judge directed to the Sheriff to pay you money. Congratulations! My read is that this is equivalent to a civil money judgment, and it has to be enforced in the same manner. First, I would obtain a certified copy of this order. Then I would apply to the court, and I realize this might be complicated, for a Writ of Mandamus directed to the county ordering them to pay you the $932, plus interest, plus whatever court fees are involved. Unfortunately counties are unlike other civil judgment debtors in that you can't just tap their bank account, you have to do a writ. Surely there are attorneys down there in San Diego who help medical marijuana defendants in cases like yours. If you can't find one, please contact me (after obtaining a copy of the order).

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Answered on 2/08/10, 2:17 pm


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