Legal Question in Criminal Law in Georgia

evidence seized

my husband was arrested for posssesion of meth and possesion of firearm during the commision of acrime we got a llawyer and went to court charges were dismissed MOTION TO SUPPRESS GRANTED SO SHOULDN'T THE FIREARM AND CASH SEIZED AS EVIDENCE BE RETURNED TO US IS THERE A FORM TO BE FILED OR DO WE JUST CALL THE COUNTY


Asked on 2/03/05, 6:39 am

1 Answer from Attorneys

Phillip A. Strickland Law Offices

Re: evidence seized

A motion to suppress is a criminal matter. Specifically, the motion decides whether evidence seized in a criminal investigation is admissible in court against the accused. Seizure and forfeiture law, in contrast, is a civil matter. Thus the result from each can, and often times is, distinct and different. If I were your husband I would give thanks to his attorney for having the felony possession charge dismissed. However, a civil action is available to have those things seized returned to you.

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Answered on 2/03/05, 8:27 am


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