Q: My boyfriend was arrested for a bench warrant. While in custody a detective called me after seeing me calling and text

A: I'm sorry to hear about the difficulty you are experiencing in recovering your money. If law enforcement seized the $24,000 when your boyfriend was arrested, you may need to take legal steps to prove ownership and request its return.

When someone is arrested, any property in their possession at the time of arrest is typically inventoried and stored by law enforcement. However, if the police believe the money is connected to criminal activity, it may have been classified as evidence or subject to civil forfeiture. In New York, law enforcement agencies have the authority to hold money if they suspect it is linked to illegal activity, even if no formal charges related to the money have been filed.

If the money was merely stored as your boyfriend’s personal property, it should be listed on the property inventory report. You can request a copy of this report from the police department that made the arrest. If the money is classified as evidence, law enforcement may hold it until the case is resolved or a court orders its return. If the money was seized under civil forfeiture laws, you may need to file a legal claim to prove rightful ownership.

Since you have already provided documentation showing the withdrawal from your bank account, you should follow up with the police department in writing. Send a formal letter to the precinct or agency that handled the arrest, requesting the return of your money. Include copies of your withdrawal receipt and bank statement. Keep a record of all communications, including dates and names of officers you have spoken to.

If law enforcement continues to ignore your requests, you may need to take further legal action. You can file a motion for the return of property with the court handling your boyfriend’s case. This motion, sometimes called a 730.30 motion under New York law, is used to request the return of property seized during an arrest. A judge may order the police to return the money if there is no legal basis to hold it.

Another option is to contact an attorney who specializes in civil asset forfeiture or criminal defense. An attorney can send a legal demand for the return of your money and, if necessary, file a court petition. If the money was wrongfully taken or lost, an attorney can help you take legal action against the responsible law enforcement agency.

If law enforcement claims the money is evidence in a criminal case, you may have to wait until the case is resolved. However, you still have the right to challenge the seizure and present evidence that the money belongs to you and is not connected to illegal activity.

Since it has already been over a month, you should act quickly to request documentation, send a written demand, and, if necessary, consult an attorney. The longer the delay, the more difficult it may be to recover the money.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: I infer that your beau was arrested for a drug possesion/sale charge(s) and that the money was confiscated as proceeds. It will be up to the prosecutor based upon the evidence assembled to dissuade him/her from proceeding with a forfeiture proceedig. Prosecutors have a vest interest in characterizing everything they can as "proceeds" since they split the money (or other assets) with law enforcement for "crime fighting" purposes. You may challenge the forfeiture but will need an attorney to block it and s/he will guide you with accumulating evidence.