ARRESTING OFFICER TOOK ALL MY JEWLERY AND CASH THAT WAS IN MY POCKET

MY QUESTION IS WHEN I WAS LET OUT ON BOND THEY GAVE ME ALL MY JEWLERY BUT DIDN’T GIVE ME MY MONEY THAT WAS IN MY POCKET-THEY TRY TO GET ME FOR POSESSION WITH INTENT TO SELL AFTER I GOT OUT ON BOND FOR 7500 THEN THEY LOWER IT TO POSESSION IF THEY HAD THE MONEY FOR EVIDENCETHEY CAN’T KEEP MY MONEYWHAT JUSTIFIES THAT

Asked on June 25, 2009 under Criminal Law, Florida

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Florida, the general rule is that there may be several basis (legal or illegal) that the officers seized your money.  For example, if they seized it as evidence, and that evidence no longer applies to your current charges, your attorney may be able to recover the money via a motion for return of seized property.  Or, the state could be attempting to seize the money via an asset forfeiture proceeding, which allows the state to attempt to seize assets, in a civil proceeding, that they can demonstrate to be the proceeds of drug sales.  On the other hand, the answer could be as simple as that the officers simply stole your cash, which would clearly be illegal.  Therefore, the first question is to determine how the officers are currently justifying holding onto your cash.  Have they even admitted to seizing it? 

I highly recommend that you consult with and/or retain a criminal defense attorney in the interest of getting these questions answered, taking the appropriate steps in response, and obtaining the most favorable resolution of this matter as possible.


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