Atlanta, GA asked in Criminal Law, Civil Litigation and Constitutional Law for Georgia

Q: Can I get my money back if it was seized and I never received any notice of seizure about it ever. My lawyer originallly

Said we would settle for half because he knew the lady in charge of that. But the trial came and we were never spoke on it. $17,500 in Dekalb County I was pulled over in a car. I had nothing on me accept cash a friend had a couple grams of coke on him they later got a warrant and found a couple ounces of coke in my home . They were able to hold me because I had probation warrant in Gwinnett County . I was charged about a week later with trafficking I lost my trial and did 4 years on a 20 do 10 sentence. But now everything is over and I’m reading case law I see they were supposed to serve me notice and I have 30 days to petition it but they didn’t follow procedure.

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that the authorities seized your money ($17,500) during a traffic stop and subsequent search of your home, which led to drug-related charges and a conviction. If the authorities did not follow proper legal procedures regarding the seizure and forfeiture of your money, you may have grounds to challenge the forfeiture and potentially retrieve your funds.

Here are a few steps you can consider:

1. Consult with a new lawyer who specializes in asset forfeiture cases. They can review your case, the relevant case law, and help determine if the authorities followed the correct legal procedures.

2. Gather all relevant documentation related to your case, including court records, police reports, and any correspondence with the authorities.

3. If your lawyer determines that the authorities did not follow proper notice procedures, they may advise you to file a motion or petition challenging the forfeiture. This process may involve arguing that your due process rights were violated.

4. Be prepared for the possibility of a lengthy legal process, as challenging asset forfeiture can be complex and time-consuming.

Keep in mind that the specific steps and potential outcomes will depend on the laws of your state (Georgia) and the unique circumstances of your case. It is crucial to work with an experienced lawyer who can guide you through the process and protect your rights.

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