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Police took 100 dollars from me during a case for sale of controlled substance,I pled guilty to a violation can I get $ back now

Bronx, NY |

I was charged wit felony sale pled out to a violation possession of marijuanajuanaa can I get my money from court now

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Attorney answers 5


If the money was vouchered as evidence, absolutely not. If it was vouchered as your property, obtain a DA's release and go to one Police Plaza.


If it was vouchered as arrest evidence, forget about it. You will have to sue the NYPD in civil court.


Keep in mind that because you were charged with SELLING narcotics, the police likely will have vouchered the money as evidence of drug sales.


If it was vouchered as arrest evidence the DA would have to release it.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


If you received a property receipt for the money than you need a release from the DA and you can get it back. If not, than the money was likely kept as evidence, and It is possible that in exchange for the plea offered to you by the DA you agreed to forfeit the money. If the money was taken as evidence and your case has been disposed and you did not agree to forfeit the money, then the DA must start a civil lawsuit to cause you to forfeit the money. If the DA starts a civil lawsuit to try to obtain the money you can either defend the lawsuit or have an attorney try to negotiate a settlement where you may get some of the money back.