Legal Question in Criminal Law in California
I was arrested and the money I had on me was taken in to evidence but my case was dismissed am i entitled to getting my money back?
Asked on 12/10/12, 2:10 pm
2 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
File a request for return with the police and court.
Answered on 12/10/12, 2:25 pm
Zadik Shapiro
Law Offices of C. Zadik Shapiro
Without knowing more facts including what you were arrested for and the amount of the money its hard to tell. Even though the charges were dismissed the DA may move to forfeit the money. If your request to have the money returned is denied you need to talk to a lawyer before you fight the forfeiture. The forfeiture will be in a civil court where it will be easier for the DA to win. Also the rules of discovery in a civil court are greater and the DA may force you to incriminate yourself to a point where they can recharge you.
Answered on 12/10/12, 9:28 pm
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