Can I get my seized money back from a drug case if my charges were dismissed without prejudice

Asked over 1 year ago - Emporia, KS

I was charged w/6 felony drug charges, my charges were dismissed without prejudice before I ever went to court for unknown reasons. The money they took was actually from bail bonds since I was a bail bondsman. They knew this money was from that. Since my case was dismissed can I get my money back that they seized? I had received a notice of a asset forfeiture hearing but I did not attend. My charges were dismissed after that hearing. Also am I able to write bonds again in my county since my charges were dismissed? Or will the judge not give me permission?

Attorney answers (2)

  1. Answered . If the money was taken merely as evidence it should, in theory, be returned. In practice however this may be difficult. SInce the charges were dismissed without prejudice the state can refile them. If they intend to the mnoney is still evidence. An attorney may be able to negotiate the return of the money or you may have to file suit.

    If the money is subject to forfieture, as seems likely from your question, the dismissal has little to do with whether you get your money back. The state can proceed with forfieture even if they never filed charges, even if you were found not guilty. You really need the assistance of an attorney to fight this. SInce you skipped the hearing it may be too late. Consult with an attorney immediately.

    The judge will decide who gets to write bonds in his county. If you do not like his decision you might be able to file suit butyou would need to speak with a contracts and business lawyer to find out.

    Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. www.TheKansasDefender.com This... more
  2. Answered . I am not a practicing attorney in Kansas, yet, a civil asset forfeiture procedure is separate from any criminal case, generally. If one's criminal case is dismissed, such person may request a hearing on asset forfeiture in a civil court of jurisdiction, especially since you state that"the money they took was actually from bail bonds since I was a bail bondsman. They knew this money was from that."
    So the Petitioner, in that case, you, must show that the assets were from the legitimate sources.
    " Since my case was dismissed can I get my money back that they seized? I had received a notice of a asset forfeiture hearing but I did not attend."
    You did receive a Notice and did not attend such hearing for some reason. Naturally, no one could force you to facilitate that, yet if you want to use a legal process to reclaim your money, you need, at the very least, comply with the legal procedure to do that.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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