QUESTION
Can I claim money that was seized from me during a criminal arrest after the case was noelle prosequi? It's been 7 more then years.
Asked on Dec 08th, 2013 on Criminal Law - Virginia
More details to this question:
I was arrested for a class 5 felony marijuana distribution charge over 7 years ago and after a few court dates, the case was noelle prosequi, I think because the lab results never came in. When I was arrested, they seized roughly 2 ounces of marijuana, a scale and almost a thousand dollars in cash. I insisted it was for personal use and the scale was there because I had made the purchase recently and wanted to make sure I was getting my moneys worth. Now my question is, since it was noelle prosequi, is there any way that I can claim the money they seized from me? It was in Fairfax County, VA.
1 ANSWER
3 Awards
Many times with a nolle pross, the defendant signs a forfeiture agreement so the state keeps all of his property. Go pull your file from the clerk of courts and look for this document to make sure you didn't sign one. Also, states have laws on how much time passes until property forfeits to the state. You need to find out. You could call the DA office who prosecuted you and see what their procedure is. If you are lucky, your money forfeited to the state and you can fill out a form to get it back.
Answered on Dec 08th, 2013 at 4:55 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900