Legal Question in Criminal Law in California
Unlawful money seizure
Police seized my money saying it was evidence. I was only charged with possession of drug paraphenelia. Is this legal and if not how do I get it back?
Asked on 4/30/09, 6:33 pm
2 Answers from Attorneys
Joe Dane
Law Office of Joe Dane
Re: Unlawful money seizure
You should be entitled to get it back if they didn't file any sales charges against you. The DA may file a separate asset forfeiture against the money. It's a different standard of proof.
Talk to your lawyer about filing a motion to return the money.
Answered on 4/30/09, 6:37 pm
Terry A. Nelson
Nelson & Lawless
Re: Unlawful money seizure
You can apply for return of evidence when the case is over.
Answered on 4/30/09, 7:29 pm
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