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!


Asked on 8/08/99, 1:50 am

2 Answers from Attorneys

Eric Chase The Chase Law Group

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.

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Answered on 8/17/99, 2:13 pm
Larry Bruce Larry B. Bruce Attorney At Law

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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Answered on 8/14/99, 7:30 pm


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