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My case was dismissed in court, so how do i get my confiscated money back

Houston, TX |
Filed under: Criminal defense

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Attorney Answers 3


It's hard to say without I knowing more detail. From what you've said about a case being dropped due to a warrantless search (not falling within any of the law's many exceptions to the warrant requirement), it sounds like your case was maybe a drug case, and the money seized was likely seized as crime proceeds under chapter 59 of the Texas Code of Criminal Procedure. If that's the case, even though the charges were dismissed, the DA's office will still argue that the money is crime proceeds, and try to keep it for their asset forfeiture fund, which pays for things like part of the new HPD crime lab, and, for a while, Harris County's new mental health court.

You'll want to hire a lawyer who may need to file a civil law suit to try to get the money. I have a similar case that I've take recently up near Dallas on a contingency. Which means the client won't pay me anything, unless I get the money back--then my fee comes out of what's released. I'd be happy to talk with you more about how I may be able to help. Oh can reach me at (713) 529-3900.

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Assuming the government hasn't filed a lawsuit to seize the money, your lawyer can simply file a motion to restore the property to you. It is a commonly filed motion in the courthouse.

*** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell)

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You should have received notice of an asset forfeiture hearing. Ask your attorney about this.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.

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