Legal Question in Civil Litigation in Texas

Being sued by the state even AFTER my criminal chargers were DISMISSED?!

My local police dept kicked my door in on suspicion of drug dealing. This suspicion was incorrect but they did find under an ounce of pot (In Texas under 2 ounce's in only a class B misd) Along with the pot they took a small amount of money I had on my person and in a safe in a closet. After the SWAT team left with the pot, a few pieces of paraphernalia, my cell phone, and my money I was only charged with misdemeanor possession and nothing else. As of last week my criminal case was DISMISSED but before I even got the chance to goto court a civil case had already been filed against my money.. Now that the criminal case has been dismissed don't they legally have to return ALL of my money? (Their also STILL holding my cell phone as ''evidence'' in the civil case)

I'm clearly not a criminal nor am I guilty of ANY criminal offense...

This just does not feel right, I'm outraged as a tax paying American citizen.

Please Help..


Asked on 6/09/08, 4:41 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Being sued by the state even AFTER my criminal chargers were DISMISSED?!

If your money and possessions are enough to be "outraged" about (and I share your outrage - for what it is worth), I suggest you get a lawyer to assist you in this matter. The only reason they are keeping your cell phone is to see if it has any drug dealer's #s. You could and should be able to get all of this stuff back. You might try to do this yourself and show the judge a copy of the Order of Dismissal and see if that works. If not, maybe he/she will give you time to get a lawyer. Good Luck.

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Answered on 6/09/08, 5:42 pm


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