Legal Question in Criminal Law in Nebraska

Re: procedures for confiscating money

The money is likely seized at present as evidence, and is still your property. The police may use civil forfeiture laws to keep it. There is a system under state law as well as a federal one to seize money or property used in drug offenses or in connection with them. The two systems differ in some respects, most notably in how the seized funds are allocated among goverment agencies, so if a forfeiture action is filed, it is likely to be under the federal system. You will recieve a notice that the funds are being claimed as subject to forfeiture and will have an opportunity to show that the funds were not the proceeds of drug sales, or used to facilitate a drug offense, or in connection with a drug offense. There are specific time limits in which to do this, so if you recieve such a notice of intent for forfeiture, you should immediately contact an attorney experienced in the area of civil forfeiture. [Note, NOT someone experienced in general civil litigation, but someone familiar with criminal law and its civil consequences]

Secondly, and more importantly, you should immediately contact a criminal law attorney and discuss with them the circumstances surrounding your stop and search by the police. Say nothing to anyone about the case until you speak with an attorney. Seriously, say NOTHING, because you never know what may hurt your case.

It may be possible to prevent the police from using the things they found in the search, and to attack their conclusion that you were conspiring with others about meth production etc. This is why it is very important NOT to say anything to anyone about the case, especially those people you were with when you were stopped.

When people face serious prison time, they get desperate and will say anything they think will keep them out of jail, even if it is a lie. Innocence is not enough to keep you out of trouble here, you need help from an attorney who has handled these cases before. The good news is that there are a number of good attorneys in Nebraska who charge fair fees for just such cases, and are well qualified to handle them.