Legal Question in Criminal Law in California
seizure and forfeiture of property
If money and jewerly were seized from a house during a drug raid where the defendent was convicted of only a misdemenor, do the police still get to keep the property? Also there has not been any notification given for forfeiture of these items. It has been close to 10 mos. since the original seizure.
Thank You for any information on this subject!
2 Answers from Attorneys
Re: seizure and forfeiture of property
The first suggestion would be to contact the police. Inquire about returning the property. If your unsuccesful, file a claim with the city or county. If the claim is in turn denied, then a possible law suit or samll claims action may be in order. Please call (800) 382-3100 with further questions.
Re: seizure and forfeiture of property
The fact is that forfeiture area of criminal
law is a very murky topic. One thing is clear, it
operates separate and distinct from the Penal area
of the law. WHO is holding your property? Feds or
State authorities? Someone may have signed a proof
of service of Notice of Forfeiture. I know a fellow
lawyer whose background is as an Assistant U.S.
Attorney and who handles these cases almost
exclusively. Email me direct and I'll put you in
touch with him.
Good Luck
Larry B. Bruce
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