Philadelphia, PA asked in Criminal Law for New Jersey

Q: Confiscated funds...

Money was confiscated from me, and assumed drug money. I have a receipt showing that I withdrew the same amount of money from a atm,the same day of arrest. Can I get my money back aslong as I have that "Proof"(receipt),and if so,do I have to wait until the case is over with or can a motion be submitted now showing that the money is not from drug proceeds?.

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2 Lawyer Answers
Leon Matchin
Leon Matchin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: The State has 90 days to file for forfeiture. If they do not then ask for the money to be returned and if they refuse then file a motion.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: You need to wait 90 days and then if you don't get the money back you will need to file a motion and win it to get your money back, but it does sound like you have a good defense, but you will need more than just the receipt to win it.

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