Legal Question in Criminal Law in New Jersey

Automatic Forfeiture of Computer Equipment?

My understanding of NJSA 2C:64 is that contraband is automatically forfeited, but anything else needs to be declared forfeit in a civil action which must be instituted within 90 days of the seizure.

There was no forfeiture hearing, but the agency which siezed my computer refuses to release the hard drive. There are hundreds of files on it that are not related at all to the case.

The agency has ''generously offered'' to allow me copies of some of my critical document files, but indicated that even so they will withhold the files I need to access the information in them.

What I want to know is why are they assuming that there is a ''computer hard drive exception'' to 2C:64-3h? Or if there is such an exception, what is the basis for it?


Asked on 12/18/04, 4:09 am

1 Answer from Attorneys

Re: Automatic Forfeiture of Computer Equipment?

If your hard drive is being held as evidence, it does not have to be released until the completion of the case and appeals which may affect a retrial. If the files (and I am assuming... images?) on the drive are contraband by their nature, they cannot be returned under any circumstance.

I am assuming you are represented by counsel for this criminal matter and recommend you raise these concerns to him or her.

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Answered on 12/20/04, 10:23 am


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