Legal Question in Criminal Law in Kentucky

Need to know about Ancillary Hearings

My fiancee was charged with Trafficking marijuana (less than 8 oz), but the charge was amended to possession of marijuana and possession of paraphernalia, with the condition that he forfeit all seized money. He agreed to this, but now wants to try to get his money back. He has a credit card reciept for the money (he got a cash advance about a week before his arrest). Also, his Attorney did not inform the Judge (who ruled at the Sheriff's request that the money be forfeited) that there was a reciept for the money (ie: that it wasn't drug money). Because of this, and the fact that the money was going to be used to pay me back a debt that he owed me, I need to know if a motion can be filed by my fiancee for an ancillary hearing, and if so, whether it would do much good with the info. I've given you, and also, how to go about doing this.

Thank you


Asked on 3/12/02, 12:55 pm

1 Answer from Attorneys
Charles Coy Coy, Gilbert & Gilbert

Re: Need to know about Ancillary Hearings

Maybe. But if it is set aside, your friend must face the reality of having the whole proceeding voided and having to go to trial on the trafficking charge. Pleas should be "knowingly and understandingly" entered.

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Answered on 3/13/02, 10:27 am


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