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Asked over 2 years ago - Lompoc, CA
FlagI was arrested for failure to appear and I had cash on me. They kept my money on my release on bail and said that this was drug money. my home was searched 2 times and no drugs were found so then I ask for my money back and I was told it had been sent to the Welfare fraud department. I was not given a receipt for my money or was I given a reason as to why my money was sent.
Unfortunately, when the police take money from an individual that later becomes a defendant, there are various sections in the law that allows them to forfeit (take) your money. If they are going to attempt to take it they will have to send you notice and allow you time to claim those funds. In the case of a forfeiture because the police claim "its drug money" you can defend yourself by providing information about the source of the money they are attempting to take ie. your employment, gift, ssi/disability etc.
You should consult an attorney about the possibility of fighting the forfeiture...also if they cannot prove the underlying case it will make it harder/impossible for them to take the money...but you will need to fight long and hard to get the money back.
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