The cops took my guns and my computers from my house they are worth over 8,000 dollars they want to keep them, can they?

Get Legal Help Today

 Secured with SHA-256 Encryption

The cops took my guns and my computers from my house they are worth over 8,000 dollars they want to keep them, can they?

The cops approached me& friends in a parking, instantly threw us against their hoods and cuffed us, then searched us and my car. Found nothing on me found cocaine on my roommate. Then they told me they wanted to search my house and threatened if i did not sign they were going to **** my dog and arrest my terminally ill family member at my house. I signed they found more cocaine in my roommates room and my legally owned pistol and deer rifle, and high end computers in my room, they took them all. I am now charged with poss with intent to deliver? Why? and they want to keep my guns and pc? why?

Asked on May 3, 2009 under Criminal Law, Texas

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm assuming the charge against you has to do with the cocaine, and the simple language translation of the charge is that you were dealing.  You are being charged with this because you were with someone who had enough drugs for the charge, especially because he lived in your house.

As an accused drug dealer, the police are saying that the guns and computers were being used in your criminal business as a drug dealer.  Under the law, property that is used in a criminal business can be taken by the police, and a lawsuit filed for what is called forfeiture -- to take it from you permanently.  You will almost certainly not be able to get any of the property back at least until the drug charges have been dealt with.

You need to defend the drug charges first.  You absolutely should have an attorney for this, and you cannot have the same attorney as your roommate or any of the other people with you in the parking lot.  If you need to find a lawyer, you can do that at http://attorneypages.com


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption