Q: I had a criminal case that got dismissed. On a 704 unfit to proceed. On the day of my arrest a xxxii amount of money w
As taken from me. It is in the discovery and was not contraband or part of the crime. I was told I would get back when case is done. I getting the runaround. Help
So here’s the scoop. They have to give you notice when they intend to steal your money by judicial process (called forfeiture but undeserving of a long name). When they do, or if they do, you have 30 days to respond appropriately. Otherwise they win by default. It seems to me these days there is a preference for sitting on seized cask rather than initiating a legal proceeding they might lose.
So, the first decision is how long to wait before accepting you’ll have to sue them. Few county DAs are adept in forfeiture law while US attorneys are formidable. Plus federal forfeiture laws are harsher.
Does that begin to help?
Dale S. Gribow agrees with this answer
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