Legal Question in Criminal Law in Minnesota

Forfit of Property

In June, 2005. My husband and I were pulled over due to an outstanding warrant he had. They took him into custody at the time. Upon serching the vehicle, they found about 5 vicadon. They ended up taking $3400 cash from him and were going to charge him with ''intent to distribute''. However, a day later when the police department called me, I told them who's they were (mine) and that they were a prescription. They dropped the charge. I know that there is a 60 day timeframe to file to get this money back, but under the circumstances (never charged), are we totally at a loss of reclaiming any of this or is there something that can be done?

Thank you!


Asked on 4/03/06, 7:15 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Forfit of Property

Your situation is unclear as stated in your question. If you are saying that your husband was served an notice of intent to administratively forfeit the cash, and the time to challenge it has expired, then it is unlikely he will be able to challenge it in court now, unless, perhaps, there are some unusual circumstances to justify it.

If no notice was served on him, however, it should be possible to get the money back. A lawyer may be able to help with this.

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Answered on 4/04/06, 11:42 am


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