Can the police keep your money after an arrest and you are released on bail with no cause and send it to another agency?

Asked almost 4 years ago - Lompoc, CA

I 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.

Attorney answers (2)

  1. Andrew Michael Limberg


    Contributor Level 16

    Answered . You should speak to your defense attorney about challenging the civil forfeiture of your cash. You can possibly get this money returned, but not without asking. Have your attorney do it on your behalf so you can refrain from making any statements that can later be used against you.

  2. Valerie Sue Lopez

    Contributor Level 8

    Answered . 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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