Legal Question in Criminal Law in North Carolina

My ex husband was arrested by city police on drug charges. The state took his personal property to cover drug sales tax which was $120,000.00. The charges were dropped because the state did not have an offense for his charge. The case was later picked up by the federal government. My question is, is there a way to retrieve the money from the state since they sold his personal property at auction. The property was taken and the charges were then dropped so it would seem the STATE drug tax would have been null.


Asked on 4/25/13, 9:53 am

1 Answer from Attorneys
Clarke Dummit Dummit Fradin (Winston-Salem Office)

Unfortunately the taxes can be levied even without criminal charges. The tax is for possession of the untaxed drugs regardless of a criminal conviction. You could have challenged the tax if you contested it when it occurred. I do not know what period you have to appeal such a determination without some additional research, but you could speak to a tax attorney or a criminal defense attorney to find out your rights about contesting a tax determination.

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Answered on 4/25/13, 10:24 am


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