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[Mister Postman]

This just isn't true at all with forfeiture laws. The burden of proof is on YOU not the law. YOU have to prove it wasn't drug money, not the other way around. This is just another way the government has to unjustly fuck with people. ...and once you've proven it's yours, you can't even go after the police legally to get compensated for the attorney you had to get to get your own damn money back.

quoted for truth... This amounts to theft by the police.. All the money they take off petty miss. pot possessor goes to buy them things like FLIR, license plate cameras, and keeps their coffee cups, and donut boxes full.

They couldn't prove THAT I distributed anything, but they can suspect the money I had in my pocket were assets or going to be used to further some illegal activity (based on the policemans lies/assumptions in the report), and make you pay out the ass to fight for what is legally yours. It has nothing to do with being guilty/innocent of the crime they charges you with, they just want your fucking money!! In my situation the police officer took the cash out of my wallet, and wrote in the reports that the money was found in the same bag as the drugs..

 

[JJScorpio]

First of all it seems you're telling this story and leaving a lot out. But anyways.

WTF would you carry that kind of cash? Foolish. Secondly you can guarantee your ex set you up to get your ass kicked. She probably also told them that you sell, so you better be careful getting other people involved if they lie. Federal perjury charges are automatic jail time........

I'm posting via cell phone so if I forget any details that seem important please ask


I met up with my girlfriend to give her possessions (movies clothes etc) she left at my home. Her sisters bf pops up out of nowhere and assaults me while I have a broken collar bone and tries to rob/kidnap me. I run away. Cops get involved. I tell the cops what's up. They tell the cops I'm adrug dealer blah blah blah. Cops ask to search. I tell them no. They get a k9 and find around 1 gram of marijuana. They arrest me and pat me down and find 6500 cash. They seied it and I got aletter from the dea about appealing the forfeiture.

I didn't have any baggies/scales/anything. I have a court date coming up and I need advice. I have prof I received the money legally from my father/god father but I don't feel certain ill get it back since iour justice system is so flawed. I have a prior felony possession charge (not selling/distributinhh just possession) so I'm scared they may take that into account as me being a dealer. I'm not though nd this money was to be used for surgery as well as for my project s2000 show car...anyways I had themoney on me cause 2 days prior I had my wallet stolen at my house so I no longer felt comfortable not keeping it with me. Obviously I can't deposit it into the bank w no Bank card or id. Every day I lose sleep over this. Its just money but I'm in so much debt now with all my surgery/vehicle repairs..


So what do I do? How do I get it back? Anyone have a similar experience? I can't blieve having a gram of pot can constitute taking your hard earned cash!

 

[Securityfirst]

I had a dude deliver pds for me and run off with 4500 cash Last year my friend took a ten pack of outdoor from me , never saw him again. Had a few other fuckheads never pay for over 20k in product....Its all part of being a dealer

 

[BoogerKush]

Robbers and Robbers. Been playing that game since kids.

 

[fishheadbob]

F. Lee Bailey often said that if you had more than $500 on you, odds were good that you were up to something illegal. And he was a defense attorney.
Like Securityfirst said "It's all part of being a dealer".
Kiss your money goodbye, chalk it to experience, and think about better girlfriends.

 

[mrcreosote]

You need to change yer handle... It doesn't sound all that fun.
I seriously have to ask, "WTF were you thinking?"
Since I was 15 I have had to deal with sometimes evil entities aka former girlfriends and if there's one thing I have learned is that when the thrill is gone, the very best you can hope for is a peaceful ambivalence at best, and something from Fatal Attraction, or something like your scenario at worst.
Some valuable lessons to be learned here, but that pretty well has been covered.

Have your atty. bud write on some letterhead to the D.A. He's got a shit case and if he's smart, he knows it. If he knows you'll put up a fight and make him look like a fool he'll back off, usually, because he's got bosses too and D.A.'s hate loser cases that make em look bad. He's counting on you to walk away and forget it. Don't do it. Be prepared to spend some of that dough though, because their ain't nothing free in this world unless you're very lucky, and you don't seem to fit that description at present.

I hope that changes for you and this will just turn out to be a good bong story to chuckle about after yer bum stops hurting.

 

[Drybulb230]

I'm posting via cell phone so if I forget any details that seem important please ask


I met up with my girlfriend to give her possessions (movies clothes etc) she left at my home. Her sisters bf pops up out of nowhere and assaults me while I have a broken collar bone and tries to rob/kidnap me. I run away. Cops get involved. I tell the cops what's up. They tell the cops I'm adrug dealer blah blah blah. Cops ask to search. I tell them no. They get a k9 and find around 1 gram of marijuana. They arrest me and pat me down and find 6500 cash. They seied it and I got aletter from the dea about appealing the forfeiture.

I didn't have any baggies/scales/anything. I have a court date coming up and I need advice. I have prof I received the money legally from my father/god father but I don't feel certain ill get it back since iour justice system is so flawed. I have a prior felony possession charge (not selling/distributinhh just possession) so I'm scared they may take that into account as me being a dealer. I'm not though nd this money was to be used for surgery as well as for my project s2000 show car...anyways I had themoney on me cause 2 days prior I had my wallet stolen at my house so I no longer felt comfortable not keeping it with me. Obviously I can't deposit it into the bank w no Bank card or id. Every day I lose sleep over this. Its just money but I'm in so much debt now with all my surgery/vehicle repairs..


So what do I do? How do I get it back? Anyone have a similar experience? I can't blieve having a gram of pot can constitute taking your hard earned cash!

Oh yes, that girl i remember clearly No im jk but yeah i would have never called the cops..Dumb choice

 

[!!!]

What sucks is to get the money, you'll end up paying nearly half the amount (at least) owed to you, to a lawyer instead.

Here in NY a lawyer for this case would charge at least $10-20k. I say go with a court appointed lawyer, because if you have proof, the lawyer doesn't need to do much work on his/her own to defend you. The "free" lawyers don't do much work for you since they're usually busy with a lot of clients and little pay, but they know the laws and with your evidence it should be enough. But then again, the feds are so well funded they'll appoint prosecutors who can convince the judge/jury that the sun rotates around Earth.

I really feel for you and anyone else in this situation. I have a friend who came home to a robbed house and called the police. They checked his bank records and found $60k he was saving up over the past 5 years. Not only did he NOT commit any crime (no drugs or anything illegal found) but he has no record and has pay stubs and all. The case is going federal. The lawyer is already costing $40k and the trial hasn't even started yet. Lawyer is saying he has no chance vs feds and should plea to crimes he didn't commit. Scary messed up shit.

If anything, get that money back by overgrowing.. sell sell sell.

 

[JJScorpio]

You're not getting a Court appointed Lawyer assigned to get your money back... Only for criminal charges.

Have your Grandfather/god father or whoever you said gave you the money sign a sworn statement regarding giving you the money, where they got it from and why they gave it to you. If it's legit you should get the money back. You just need to prove that the moneys legal.... But like I said earlier, don't have someone lie because the Feds wouldn't hesitate filing charges....

 

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[David762]

Actually, LEO doesn't have to prove guilt --

Actually, LEO doesn't have to prove guilt --

Your story is shady man. Why would your girlfriend's sister's boyfriend attack you? Did you provoke it? Why wasn't he the one arrested?

Arresting you over a gram is ridiculous but keep in mind that cops hate nothing more than people who have more money than them. They spend most of their lives driving around the same route over and over for very little pay. If they see a kid with $6k in his pocket (who walks around with $6500? you were way safer hiding it at home than having it on you) they'll put 2 and 2 together.

Now in court things may play out differently. They need to prove WITHOUT ANY DOUBT that it's drug money otherwise you're innocent. So a lawyer + any proof of why you had the money and where you obtained it should be enough to get the money back. No scales/baggies/quantity works in your favor very well.

the defendant has to prove beyond any reasonable doubt that he is innocent of distribution, and that his seized funds are innocent. Check out < http://www.fear.org > for some real horror stories. Today's reality is yesterday's nightmare ... we live in a totalitarian police state.

 

[anditwasfun]

Here in NY a lawyer for this case would charge at least $10-20k. I say go with a court appointed lawyer, because if you have proof, the lawyer doesn't need to do much work on his/her own to defend you. The "free" lawyers don't do much work for you since they're usually busy with a lot of clients and little pay, but they know the laws and with your evidence it should be enough. But then again, the feds are so well funded they'll appoint prosecutors who can convince the judge/jury that the sun rotates around Earth.

I really feel for you and anyone else in this situation. I have a friend who came home to a robbed house and called the police. They checked his bank records and found $60k he was saving up over the past 5 years. Not only did he NOT commit any crime (no drugs or anything illegal found) but he has no record and has pay stubs and all. The case is going federal. The lawyer is already costing $40k and the trial hasn't even started yet. Lawyer is saying he has no chance vs feds and should plea to crimes he didn't commit. Scary messed up shit.

If anything, get that money back by overgrowing.. sell sell sell.

I don't know how to grow let lone some where to do it or the equipment. I know its stupid tp say given the amount if knowledge on the forum but its so complicated and ridiculously illegal. I wish I had a mentor. Only guy I know who does it and it ls knowledgeable just moved out west for a 500 plant grow

 

[igrowone]

i did see another post in this forum about how the seizure process worked
seizure is a civil court process, not criminal, civil courts have different sets of rules
one of which is your money does not have the presumption of innocence, that's just for you, not your possessions
and being in the civil court system takes out the public defender option, they deal with criminal cases only

 

[perennial]

I used to work at a law firmso I'm retaining him as my lawyer.he's not bad not great but I dint really know how to find a better lawyer let lone how to pay for one

Hire a civil lawyer on contingency and promise him 75% of anything he can recover. In your case promise him 90% because unfortunately you are not going to recover anything. I would rather the money went to lawyers than the cops. If enough people did this, then maybe asset forfeiture might not be such a lucrative racket.

I'm sorry for your troubles. Asset forfeiture is a stain on the Constitution, one of many.

 

[OldPork]

Guess the cops figured they would snag up on your greenbacks before the lawyers do. Hate to say bro but those clownass cops are probably already buying Christmas presents with it. Good luck getting it back they'll say what money? Did you get a receipt ahaha Ah well least you got your health. Go stoke one down broseph fucking chicks will put it to you every time

 

[VIKINGtrich]

I would spend that 6500K on a lawyer to fight this injustice before I let a fucking pig keep it.... Hopefully you got a receipt..... Press charges on the dude that beat your ass, go to the hospital right now, and tell them your head is killing you..you are seeing black spots, and tell them that since you got beat up its been happening.....I would sue the holy fuck out of that dude, and your girl too, if she put him up to it....But in order to sue, you need to go to the ER, it all starts there....Do it man....

 

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[Leroy Brown]

I would spend that 6500K on a lawyer to fight this injustice before I let a fucking pig keep it.... Hopefully you got a receipt..... Press charges on the dude that beat your ass, go to the hospital right now, and tell them your head is killing you..you are seeing black spots, and tell them that since you got beat up its been happening.....I would sue the holy fuck out of that dude, and your girl too, if she put him up to it....But in order to sue, you need to go to the ER, it all starts there....Do it man....

Well put.

Also wanted to mention, that if there IS stuff you are not telling us, make damn sure you tell the lawyer EVERYTHING.

Oh and people always knock court appointed attorneys. I've had 3 in my life, one sucked until I called him or stopped by his office practically 24/7, the other two were fucking bomb, took the shit to trial and went all out, one I lost but that wasn't his fault, the other one made the prosecution look like a fool.

 

[NHMI]

You need a signed affidavit from the person you got the cash from...and get a good lawyer...you may get it back since you were a victim....

 

[Goodkarma]

No attorney is necessary and you should get your money back. Check the DEA/Fed policy for forfeitures. It used to be 5k cash or 10k property. They didn't go after less when my case happened, that was a quarter century ago.
Put down the 10% filing fee and challenge it.

I did that, showed up in court, the Feds did not show up and I got my money/the 10% filing fee/and interest back.

And I was later convicted/sent to prison for the marijuana possesion for sale..

Then the IRS asked where I got the money and I refused to answer, so they fill out a tax return for me while I was in prison. They said I owed over 80k and would seize everything

Then I saw a ruling where you could sue the IRS and I made an appointment to talk to them at one of their "problem solving days"

They asked me in the interview "what is this about" and I said "you tell me your the ones threatening to sieze evrything. The agent replied "we lost your file and we want to know the details"

I stood up and said" then I better not get anymore notices from you" and walked out.

I had talked to an IRS agent the week before and he said that it would be on my record for 15 years after judgement and that it could not be erased. It was off the computer the next day after my "meeting"