Legal Question in Criminal Law in Florida

my son was picked up on a vop violation, he knew it was coming for over 2 months so he had worked and saved all his money for his girl and 2 babies. when they picked him up they called his own business and pretended to need tree work done he went and they served warrant, that i understand, the cops let him give his uncle who works with him , his phone and money to give his girlfriend for the babies and her, his uncle took it to her after they got my son to jail they found to prescription pills in his wallet, which the bottle was in the truck, but they had to call the narotics investors, okay the cops told them he did have some money on him but they let him give it to his uncle, the investiors went to her house, threaten to take her kids away etc. if she didn't give them all her money, she is 21. she was along and terified, she gave them not only what the uncle had brought to her but all the money they had save for over 2 months, around 2000. that was all they had for her and babies to live on while his vop came. Is that legal or is there any way to get her money back?


Asked on 3/14/10, 7:00 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

It is questionably legal on a theory of forfeiture of funds if the money can be shown to be related to drugs. In other words, if they can prove that this was money he saved over the past two months from selling drugs, then yes they can take it. On the other hand, if he can show that he was saving that money from his paychecks then no they can't legally take it. He needs to contact an attorney immediately.or else he may waive his right to that money. Good luck.

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Answered on 3/20/10, 6:41 pm


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