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?

UPDATED: Oct 21, 2014

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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