Legal Corner

Question about search and seizure
need info 10032 reads
posted

Hi I have a question about search and seizures. If police have a warrant, search your house and seize a lot of your property (including money) are you entitled to the safe return of all said property if no charges are formally filed against you???

WTF!6770 reads

The federal government and most states have forfeiture laws that are civil in nature and allow the government to keep property under circumstances independent of whether criminal charges are filed.

If forfeiture is a potential issue, contact an attorney immediately! Forfeiture proceedings are time sensitive.

... to get your property back, with certain exceptions, e.g., dope, unlicensed guns, etc.  That stuff they keep.  Also, if they suspect you bought your stuff with drug proceeds, they may want to forfeit it.  In that case, they file a civil action directly against the property, and they have to serve you with the papers.  You haven't mentioned this, so I'm assuming it didn't happen.

to get property back, it just doesn't "default" back to you.  Anyone in this situation needs a lawyer.

StickyCat9088 reads

Look in the California Health and Safety code under forfeiture, manufacturing, tranporting...I don't know the section off the top of my head. This happened to friend of mine. He had a criminal case pending against him(which he eventually plea-bargained)and wanted his cash back. A hearing is set, and it's just like a trial. You need a lawyer.

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