Legal Question in Criminal Law in California

Unlawful money seizure

Police seized my money saying it was evidence. I was only charged with possession of drug paraphenelia. Is this legal and if not how do I get it back?


Asked on 4/30/09, 6:33 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: Unlawful money seizure

You should be entitled to get it back if they didn't file any sales charges against you. The DA may file a separate asset forfeiture against the money. It's a different standard of proof.

Talk to your lawyer about filing a motion to return the money.

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Answered on 4/30/09, 6:37 pm
Terry A. Nelson Nelson & Lawless

Re: Unlawful money seizure

You can apply for return of evidence when the case is over.

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Answered on 4/30/09, 7:29 pm


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