Legal Question in Criminal Law in California

Re: Confiscated money

Could try if your not affraid of being charde for accessory. Call me directly at 619 222-3504

Re: Confiscated money

You are up against the federal forfeiture laws for drug trafficking, which are a source of much ongoing constitutional controversy. In theory, if you can prove it was your money and you were not involved in the crime, you have a right to it back. But many lawyers are of the opinion that these laws themselves are unconstitutional and the burden of proof should be on the government, not you. You should try to submit the best proof you can, and if you still get nowhere, you need to retain a constitutional lawyer who can either fit you into the law, or challenge it. You might contact the American Civil Liberties Union, as they are very active in ongoing challenges to these kinds of laws.

Re: Confiscated money

Thank you for your posting.

Unfortunately, the Federal Forfeiture laws put the burden on you to not only file a claim under the strict timelines of the statute covering forfeiture, but unlike a criminal case, you must also prove that the money was yours, and was not involved in any illegal narcotics activity.

Typically, this is done by "tracing" the funds from their original source through the bank accounts or whatever other instruments they were held in. If you don't have the witnesses, documents, or other evidence to support this, your case will be weakened, and as you might expect, the more evidence, the better you will be able to prove this.

I hope that this information helps, but if you have further questions, need more information, or would like legal representation, please feel free to email me directly at [email protected]. I am more than happy to help in any way that I can.