How do i get my seized money back?

Asked about 4 years ago - Gainesville, FL

i was pulled and charged for the shake on the floor ( possession less than 20) and maintaining a drug dwelling in my car ( 2 misdemeanors). Like $4000 was seized from me. I have receipts 4 the money. I requested a preliminary hearing and they said no need, they're not going thru with the forfeiture, but the money now has an evidentiary hold. how do i get this back. i don't even have a court date yet.

Attorney answers (4)

  1. Stewart Valencia

    Contributor Level 14

    Answered . If Law enforcement is not filing a forfeiture proceeding, chances are, they are trying to come up with a theory to do so, hence the evidentiary hold on it. The state has forty days to figure out if they are going to charge you with a crime. If they intend on using the money for some evidentiary purpose, then they can hold it until a case filing decision is made. Ultimately, you will be required to file a motion for return of property before the judge who eventually will preside over this case. Good luck.

  2. Timothy England Moffitt

    Pro

    Contributor Level 15

    Answered . I agree with Mr. Brown. If it's evidence they want to use against you then you won't get it back, if at all, until the end of your case unless the judge orders it released. Hire a lawyer to protect your rights!

  3. Barbara Blount-Powell

    Contributor Level 10

    Answered . I am assuming you were arrested, or given a notice to appear for the criminal charges, and that you are not in custody. The reason you have no criminal court date is because the state has not made a formal charging decision yet. They have 90 days (not 40) on a misdemeanor to make a formal charge. This is the perfect time in our jurisdiction (Alachua County) to hire counsel and have your attorney discuss a possible resolution BEFORE a formal charging decision has been made (your public defender, if one was appointed, is too busy to even meet with you yet, let alone speak to the State on your behalf). Part of that process can lead to an agreement to release your funds from evidence.
    Counsel can confirm that the funds are no longer subject to forfeiture. Under the facts you have given, the ability of the government to forfeit sounds very weak.
    In addition, it appears you are charged with a statutory offense under F.S. sec. 893.13 (7)(a), of keeping or maintaining a vehicle "which is resorted to by persons using controlled substances", a first misdemeanor under subsection 893.13 (7)(b).
    Hiring counsel is important as a collateral consequense of a conviction for the possession of cannabis is a two year license suspension imposed by the Florida Dept. of Motor Vehicles, independent of any court sanction.
    Hiring local counsel is always the best idea as they are familiar with the particular prosecutors and judges and the practices and proceedures of each. Good luck!

  4. Justin Koger Beckham

    Contributor Level 8

    Answered . What does having 4K in your possesion have to do with misdeamenor drug possession? I would say there is no nexus at all, and file a Motion for Return of Property ASAP. Obviously I would need to read the arrest reports but it sounds like with a good lawyer you can get your money back as long as there is no connection with the money and the crime you are charged.

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