I WAS ARRESTED IN WINSTON SALEM NC FOR WALKING OUT OF A RESTAURANT .I HAD $250 WHEN I WAS ARRESTED BUT IT WASN’T GIVEN BACK TO ME WHEN I WAS RELEASED.

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I WAS ARRESTED IN WINSTON SALEM NC FOR WALKING OUT OF A RESTAURANT .I HAD $250 WHEN I WAS ARRESTED BUT IT WASN’T GIVEN BACK TO ME WHEN I WAS RELEASED.

Asked on June 28, 2009 under Criminal Law, South Carolina

Answers:

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

Answered 11 years ago | Contributor

Although I do not practice law in the State of South Carolina, there are a several issues that you need to clarify in your quest to determine whether you can have your $250.00 returned.  First, you have mentioned that you have been released, but you do not state if you were released on bond (i.e. is the case still pending?) or after the case was resolved.  If the case is still pending, do you currently have an attorney?  If so, you should consult with him/her to see the most effective way to have your money returned.  It may be possible for him to file a motion for return of seized property.  Or, the money may be held as evidence.  On the other hand, if the case was already resolved, on what basis did the authorities refuse to return your money?  In other words, was its seizure acknowledged and its return refused on a specific basis, or did the authorities deny ever receiving the money?  If they provided a basis for refusal, then it may be possible to challenge that basis once you have identified it.  On the other hand, if the officers denied ever seizing the money, then chances are it has been stolen, which would ultimately effect the potential remedies available to you.


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