Legal Question in Criminal Law in Illinois

return of property after plea agreement
In September of 2003 my husband was arrested for possesion of a controlled substance and possession of cannibis.When the police searched our residence,they confiscated collectable money(consecutivly #'d $2 bills,silver certificates),3 handguns,titles to 5 vehicles(including a Harley)and a boat.Some of the titles were in my husbands name,some were in mine.I was not arrested or charged with any crime.None of the titles were open.I have a valid state firearms card.My husband was not charged with sales.After 9 months of court dates a plea agreement was reached.The agreement was that if he would plead guilty to both possession charges,he would be sentenced to six months in jail and 2 yrs probat. The States Atty said that in the deal we would get our property back minus the drugs and paraphenalia. They gave him 1 mth & 10 days to get things in order.Small town- drug charge= no job.We needed those titles to sell the vehicles or use as collateral.Our home is now in forclosure process,my husband reported this morning and we still do not have our property.What can I do?I would not be losing my home had they not taken my titles.Why give him time to take care of things,but not give us the things to do it with?This just isn't right. HELP!!

Asked on 7/19/04, 7:42 pm

Zedrick Braden III Ainsworth & Associates PC

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Re: return of property after plea agreement

Hello. In my opinion, you are being taken advantage of. You may have to file a lawsuit

in federal court, or file the appropriate petition in the criminal court. This is a very

serious matter. I suggests that you take action,

or your property may not be recoverable! You

need representation, and on a temporary basis

you may have to file a Chapter 13 Bankruptcy

petition, if you have income!! There is a

three step approach to immediate action here!

Answered on 7/19/04, 11:56 pm

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