Legal Question in Criminal Law in South Carolina
What are the legalities when confiscating a large amount of money say, $200,000.00 from an individual after a traffic stop which lead to incarcerration. The individual was charged with; Less than a gram of meth, DUS, Open Container X-2, Receiving stolen goods less than $1000.00 (a license plate) & the money was said to have been confiscated due to it being drug money as well as a cellular phone. Other than what small amount of drug that was found which was personal use, there was nothing else & no other charges filed at that time. All charges but one were PR Bonds & the one that wasn't was only a $5000.00 Surety Bond. Can additional charges be filed on this individual after being incarcerrated for over a month? What can be done to fight this & receive all money back in full? What form of defense would one have in a case as this one? If any further information is required to best answer my question please let me know. Thankyou for your time as well as any assistance you may be able to give me on this matter.
1 Answer from Attorneys
The money can be legally seized but there maybe some defenses to the seizure. Charges can be filed after a month of being jailed. I am in Charleston and I may not be able to help you but send me an e-mail ([email protected]) or call me at 843-571-2226 and if I cannot help you I will send you to someone in Anderson that may be able to help.