Asked in Criminal Law and Consumer Law for Texas

Q: When I was served a search warrant, they took money and drugs and I just got a check from the city for the money. Why?

The DA said that the money wasn’t received in time and gave it back. They confiscated and charged me for 4-200gm penalty group 1 and 4-200gm penalty group 2. I didn’t not ask for the money back but the police came and gave me this check. I’m suspicious that they would just give money back from a bust if I didn’t fight to get it back. Is this normal?

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1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: I think you should re-submit your question and add some facts. You need to specify how much money was returned. It's not unusual for seized money to be returned to the person from whom it was taken, especially if the amount is relatively small. The larger the amount seized, the less likely the prosecutor will voluntarily give it back. So, knowing how much you got back would make it easier to analyze why this occurred.

Also, the way you lay out these facts doesn't fir into my experience . You say the DA said the money wasn't received in time. Who did the DA say this to? Please let us know to whom the DA was talking. If the prosecutor was talking to your lawyer, you probably should talk to your attorney about this, not seek answers on a public forum.

Also, you say the "police came and gave me this check". I've never heard of the police themselves returning money. That should have been handled between the DA's office and your lawyer. Are you saying the police physically came to your location with a refund check? Please explkain this more clearly.

Aside from the weirdness you describe in how this all happened, maybe you should just be thankful you got your money back so easily. Use it to pay your lawyer. It seems you have a good argument that the DA and police have laundered it for you, not that it needed laudering in the first place.

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