Legal Question in Criminal Law in Ohio

monies

to make this short. My son has been incarcerated now for about a year. He still has until July 2005, before being released. He has over 300 dollars that is being held by the courts. That was on him when he was picked up. I would like to ask, can I get a power of attorney to request the money to be released to me-his mother? The public defender tells me that they (courts) have no reason to hold the money any longer, because it is not evidence. But, that the arresting police officer needs to release the money. This of course does not make any sense to me. Thank you for your time and will be looking forward to hearing from you.


Asked on 5/10/04, 11:45 pm

1 Answer from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: monies

A power of attorney would give you some legal status to seek the money, but my experience is that your best bet would be to go talk to the police personally and ask them what they need in order to release the money. The may say a power of attorney, they may say an order from the Judge, they may say a release signed by the prosecutor, who knows? For $300.00, it is not worth getting a lawyer involved, and they know it.

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Answered on 5/13/04, 2:03 pm


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