Absecon, NJ asked in Criminal Law for New Jersey

Q: how do I go about getting my funds back that the officer confiscated,assuming it was drug proceeds?

an officer apprehended me after seeing me conversating with another gentleman.We both were arrested,and upon frisking me the officer confiscated my money,,which was my "s.s.i"benefit funds in which I had just withdrew from an atm. The officer assumed my funds were from drug proceeds,which I had no drugs in my possession,but the other gentleman did,which I had no knowledge of. My question, is how do I go about obtaining my monies back,if possible?... I did have the credit card company send me a receipt,which states the amount I had on me is the same amount I withdrew from the atm the same day of arrest. Also,what statute or case can I show my attorney in relevance to this situation?

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1 Lawyer Answer
Howard Lesnik
Howard Lesnik
  • Criminal Law Lawyer
  • Mountainside, NJ
  • Licensed in New Jersey

A: Civil forfeiture is separate from the criminal charges. It is handled in a different court, with a different judge and separate forfeiture prosecutor. In order to forfeit property, the government need only show by a preponderance of the evidence that the property was used in a crime.

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