What to do if I go to court next week to claim money that was mine but was taken from my boyfriend during a drug search?

The money was under his mattress. I had to close my bank accounts due to family and friends helping themselves. I have bank letters, statements etc. to show this. Do you have any advice that would help me get my money back?

Asked on October 21, 2014 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In theory, the money should be returned to you if you can prove it was yours, not his. In practice, it may be very difficult to prove that money found under a drug user or dealer's mattress was not his money and/or was not used to buy drugs or was the proceeds from selling drugs. Unless you can prove that the money was yours--and note: your testimony may not be that credible--the money will not be returned.


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