Legal Question in Criminal Law in California

I submitted a asset forfeiture claim when I was arrested on Marijuana sales charges in early 2007 at my home during a undercover sting were I was set up by a informant (former aquaintance?). I agreed to a plea deal , and have sucessfully completed 25 of the 36 month probation term I was set up with as part of the plea deal, so that situation is almost done with.

I have not been able to have a bank account for almost 5 years because my credit was ruined and still is .( I can not get accepted for any type of bank account) so naturally I kept all of my money ( about $2,200) and worldly possessions at home. During the raid the cops stuck a gun in my face and asked "where the marijuana was" and then " where the money was" I complied without any trouble and then the thought came to me. Do the police have the right to take away your possessions even though their was no evidence that that money was used to facilitate a crime. The DA sent me pages of questions to answer and I submitted 27 pages of answers, in depth, because I truly know that the money was not used for marijuana and thus should not have been taken . Some 20 months have passed and now I get a letter saying a "status conference" has been set for Dec. 21st in Santa Ana. Any thoughts on if this is good or bad or just the normal procedure. Is this something I have a serious shot at retaining to where I should seek legal counsel?


Asked on 11/30/09, 8:51 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

After all of these things have happened you're only *now* thinking about getting a lawyer? Please tell me you at least had one when you entered your plea.

Asset forfeiture is a complex area. You should get a lawyer if you can (even if you qualify for a public defender I'm not sure you can get one just for a forfeiture proceeding) if the value of the assets justifies the cost. You may want one even if it doesn't, since the forfeiture hearing could result in findings that will cause you additional problems down the road.

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Answered on 12/05/09, 9:03 pm


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