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  1. #1
    Join Date
    May 2012
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    20

    Default Property Was Seized but Not Sure if I Can Get Back Right Now or Not

    My question involves criminal law for the state of: Texas

    Late last year I was arrested for a felony warrant for fraud from a different county from where I reside. When I got arrested I had roughly $3,000 cash and possession of my cousins debit card. Even after explaining to the arresting officers I legally obtained the cash from work and had my cousin's card because he left it at my home by mistake I was also charged with debit card abuse. Right after the officers took my cash along with my cousins card, my phone, my laptop and even my debit cards in my name. Later that day I bonded out of county jail and about a month later the debit card abuse charge was dropped. As of right now the charge I had a warrant for from another county is still pending. My question is am I able to get all of my property back due to the local charge being dropped or do I have to wait because of the out of county charge?

  2. #2
    Join Date
    Mar 2013
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    17,916

    Default Re: Property Was Seized but Not Sure if I Can Get Back Right Now or Not

    Quote Quoting ejohnson254
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    My question is am I able to get all of my property back due to the local charge being dropped or do I have to wait because of the out of county charge?
    That's a question for your lawyer.

    Don't expect any strangers on the internet to be able to answer it.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,919

    Default Re: Property Was Seized but Not Sure if I Can Get Back Right Now or Not

    Quote Quoting ejohnson254
    View Post
    My question is am I able to get all of my property back due to the local charge being dropped or do I have to wait because of the out of county charge?
    That's going to depend primarily on whether what was seized is evidence for the charges still pending against you and whether the state is still contemplating reviving the charges that were dropped. Note that the debit card is not your property, so your cousin would have to be the one to seek that. He'd likely find it much easier though to get the banking institution that issued it to simply issue him a new one. As for your cash, I suggest you start by asking the police agency that took it to give it back to you since the charges were dropped and see what they say. If they won't give it back, then you need to consult a lawyer to see what the next step should be.

  4. #4
    Join Date
    May 2012
    Posts
    20

    Default Re: Property Was Seized but Not Sure if I Can Get Back Right Now or Not

    My cousin got his card replaced the day after the police arrested me. But the cash is my main concern and that's what I wasnt sure about. I figured they would sieze the cash regardless because of the warrant from the different county but I'll talk to my lawyer about it and see what he says.

  5. #5
    Join Date
    Nov 2013
    Posts
    6,887

    Default Re: Property Was Seized but Not Sure if I Can Get Back Right Now or Not

    Without any evidence that cash or property is the ill gotten gains of criminal activity, both federal and state authorities are using civil forfeiture to take the money. This has to stop. A person is left with the option of suing the jurisdiction for the return of the money.

    Some states have begun changing civil forfeiture laws to stop this. The feds have not.

  6. #6
    Join Date
    May 2012
    Posts
    20

    Default Re: Property Was Seized but Not Sure if I Can Get Back Right Now or Not

    Yeah it's no fun. Im going to meet with my lawyer tomorrow and find out what all can be done.

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