Legal Question in Criminal Law in Florida
Cash seized for forfeiture
The police conducted a traffic stop and arrested my girlfriend for cocaine possession. Her license came back suspended, at which time officer asked her to step out of the vehicle. Upon her stepping out the officer saw a glass vial, in which they say in thier report her movement out of vehicle caused a powder substance spill out of the small spoon attached to it. Which the substance was field tested positive cocaine.
Search incident to the arrest they found 2 1inch baggies in her purse w/powder residue field tested for cocaine. Also in her purse was my wallet which had my driver license, credit cards, ins.card, registration for my other car, and $1400 cash(the cash was neatly placed facing all the same direction divided in half by a thin liner in the bills section. there was 5 100 dollar bills w/serial #'s in order and the rest all 20's, but with only a few of them smaller.)
They're saying due to the fact the money commingled with the cocaine in the arrestee's purse was seized, placed in police property for forfeiture proceedings. How do I get my money back? and how can they do this/ odds getting it back.
OH YEAH, she only had my wallet due to I asked her to get from my condo, cause I was in the ER and being admitted.
3 Answers from Attorneys
Re: Cash seized for forfeiture
You may have a shot at keeping this money.
I would need to know a little more about the case to better answer your questions.
How many baggies did they find?
What was the total weight of the drugs?
I was a prosecutor and now defense attorney here in Broward.
Give me a ring and we can work on a defense for your girlfriend along with getting your cash back.
-Leland 954.524.2424
Re: Cash seized for forfeiture
A lawsuit will now be filed by the police department against the money (yes, no kidding, against the money). You can appear at the trial to defend the money, saying it was not used in the commission of a crime. If you win, she gets the money back.
Important tip for the future: don't give your wallet to a cokehead.
Re: Cash seized for forfeiture
You may have a shot at keeping this money.
I would need to know a little more about the case to better answer your questions.
How many baggies did they find?
What was the total weight of the drugs?
I was a prosecutor and now defense attorney here in Broward.
Give me a ring and we can work on a defense for your girlfriend along with getting your cash back.
-Leland 954.524.2424
Related Questions & Answers
-
Statutes of limitations What are the statutes of limitations on fraud in the state... Asked 10/21/08, 11:50 pm in United States Florida Criminal Law
-
Hit and run car accident what is the worst case scenario for someone who is the... Asked 10/21/08, 9:41 pm in United States Florida Criminal Law
-
Bounced check If a person is accused of a crime of passing a bad check, a warrant... Asked 10/21/08, 8:22 pm in United States Florida Criminal Law
-
Neighbor complaint is it illegal for me to race my four wheeler on my property? I... Asked 10/21/08, 3:48 pm in United States Florida Criminal Law
-
Thought you might be interested in this Sexual Battery (child Under 12) Use Of A... Asked 10/21/08, 11:55 am in United States Florida Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
