Legal Question in Criminal Law in Georgia
evidence seized
my husband was arrested for posssesion of meth and possesion of firearm during the commision of acrime we got a llawyer and went to court charges were dismissed MOTION TO SUPPRESS GRANTED SO SHOULDN'T THE FIREARM AND CASH SEIZED AS EVIDENCE BE RETURNED TO US IS THERE A FORM TO BE FILED OR DO WE JUST CALL THE COUNTY
1 Answer from Attorneys
Re: evidence seized
A motion to suppress is a criminal matter. Specifically, the motion decides whether evidence seized in a criminal investigation is admissible in court against the accused. Seizure and forfeiture law, in contrast, is a civil matter. Thus the result from each can, and often times is, distinct and different. If I were your husband I would give thanks to his attorney for having the felony possession charge dismissed. However, a civil action is available to have those things seized returned to you.
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