Legal Question in Criminal Law in California

Forfeiture

The police raided my home and I was arrested and charged with possesion and possesion for sale of a controlled substance. During that raid they took $1200 and served me forfeiture papers the next day. The charge of possesion for sale was dismissed for lack of evidence and I was ordered to the pc1000 program for the possesion charge. The court will now only give me half of my $1200

back even though I have proved it wasn't "drug money".

If I try and fight I was told it would cost well over the amount

they kept. How can they legally keep that money? By giving some of it back aren't they stating that it wasn't drug money?


Asked on 12/28/99, 4:03 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Forfeiture

Both California and Federal Government has repressive forfieture laws. That allow police officers to confiscate money and property that they suspect is involved in drug sales. In theory you have the right to a hearing before a judge and the goverment is required to prove that the property was either used to transport drugs or purchased with the proceeds of drug sales. However, it often costs more to hire an attorney to present your case to the court, than the value of the property. This law has proved to be a tremendous source of revenue for many police departments. The supreme court has ruled that the forfieture laws are valid. The only possibility for change in through the state and federal legislatures.

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Answered on 1/04/00, 3:22 am


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