Arrest, Search, Seizure, Warrant Police took my cash

Discussion in 'Criminal Procedure, Criminal Court' started by mistad3, Sep 23, 2010.

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  1. mistad3

    mistad3 New Member

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    On the 8th of this month a search warrant was served at my house. The cops were looking for Oxycontin or Codone. They found none of that, but they did find my empty pill bottles they're my perscription, they took $7000, my cell phone with tons of drugs talk via text message, and baggies. What am I facing here? that was also two weeks ago no charges have been filed and yesterday they gave me a notice of seizure for the cash which my attorney had already put in a claim for. I have an attorney but I wanted to see wjat others thought, does anyone see a charge with the evidence they found?
     
  2. army judge

    army judge Super Moderator

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    Follow the advice of your attorney.

    Don't talk to anyone about this.

    Don't communicate in anyway, shape, form, or fashion with anyone who might have texted you in the phone that was seized. In fact, you'd be better off avoiding everyone. As long as no one cracks, you might get through this. If someone talks, they'll try to ensnare you into a solid trap.

    This isn't the time to be chatty.
    Keep to yourself.
    STOP doing anything that the law doesn't allow.
    For your freedom, don't use any of those damn drugs!

    Make sure you have a valid prescription, if you do use legal drugs.

    Remember, just STFU and maybe this might blow over. At least, don't compound it and make it worse. Play dumb and forget everyone and everything!!!!

    Your phones are probably tapped. Don't use the telephone at all, unless you're ordering pizza or making a medical appointment.

    Avoid texting and emailing. If you still have a computer, get rid of it.
     
  3. CdwJava

    CdwJava Moderator

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    If they served a search warrant, they already have other evidence - almost certainly evidence of your being involved in sales.

    Yes, they have what appears to be a good case based just on what they found on the search ... when you add the evidence from the controlled buys they almost certainly arranged, then you may be up a river.

    As mentioned, be quiet, listen to your attorney, and pray for a deal that might keep you out of prison.
     
  4. mistad3

    mistad3 New Member

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    I figured they made a controlled buy to but I'm on probation and the buy alone is enough to violate my probation. As I said that's been two weeks ago. The perscription is mine legally and I figure if they had enough they'd at least have tried to violate my probation but they haven't. I don't know what the hell is going on. I thought they were gonna charge me yesterday but they just gave me a notice of seizure for the $7000. I'm just waiting for the other shoe and it's making me sick.
     
  5. CdwJava

    CdwJava Moderator

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    This begs the question, then: Why did you do it??? :no:

    The prescription may be yours, but empty pill bottles (especially when they should still have pills in them) coupled with money, a controlled buy, packaging materials, etc., equals bad news for you! You do NOT have a legal right to sell or give away your prescription.

    And why would they violate your probation while they're eyeballing you? No law says they have to reel the fish in when they have him on the hook.

    Time to talk to an attorney, and a great idea no to talk to ANYONE else at all.
     
  6. mistad3

    mistad3 New Member

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    For the record I do not sell or give away my script. And since the search warrant I have rarely left the house. I'm almost certain no controlled buy was made but, I wonder how the warrant was gotten? No charges have been filed after two weeks. I'm just wondering why they haven't filed charges and those empty pill bottles were supposed to be empty they were from like 2/3 months ago. They maybe trying to get a grand jury indictment but to ME it just doesn't seem like they have enough. I figured with the probation they would have charged me to apply more pressure on me but they haven't it's just weird thats all.
     
  7. army judge

    army judge Super Moderator

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    They build a chain, chain, chain, chain, chain, chain of fools. It all takes time. It takes time to go before the grand jury.

    They'll spring the trap all in due course. I suspect they're following, watching, stalking you 24/7! They're cautiously building their case.
     
  8. CdwJava

    CdwJava Moderator

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    If there was no controlled buy, there are other ways ... they catch people with a controlled substance and they dime you off, perhaps.

    And if you are not selling your prescriptions, what are you selling? Meth? Coke? Marijuana? Something else?

    There can be many reasons why they haven't wrapped you up, yet. The bottom line is they likely have you if they want you ... they are probably trying to figure out just what to do with you.
     
  9. shoptography

    shoptography New Member

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    If you can prove where the 7k came from, if you have a legit reason, you might be able to get it back, but I doubt it. Cops just love to steal peoples stuff, because the law allows them to.
     
  10. mistad3

    mistad3 New Member

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    Java, do they usually charge you after a notice of seizure. Also, why would they leave me on the street to either hurt someone or run? Not saying I would but why? This is weird but I'd rather lose the cash than my freedom so if that's all they're taking fine they can have it.
     
  11. petitemots

    petitemots New Member

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    don't mean to be stupid but what are 'baggies' ..... not up on street talk! Have u been in trouble with dugs before .... thinking about that and the the text talk on drugs??
     
  12. CdwJava

    CdwJava Moderator

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    Of course, the cops love to "steal" people's stuff.

    What they DO enjoy is lawfully seizing the assets of criminal activity as those assets can be turned back into resources to combat the same activity which earned them in the first place.
     
  13. CdwJava

    CdwJava Moderator

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    I am not sure what a "notice of seizure" is, but I assume you mean some sort of official notice that the assets are to be seized as illicit gains of a criminal enterprise? If so, it is common that criminal charges are forthcoming, but in some states it is not required. It has gotten harder (and in my state all but impossible) to seize assets without at least filing charges, but there are different rules in each state and it may not be required in yours.

    I can come up with a host of possibilities. Most likely, because they weren't done yet. Once they arrest you, a clock starts ticking and they have to make a case in short order unless you waive time (i.e. waive your right to a speedy trial). It is not uncommon for search warrants to result in later charges or even no charges at all.

    And, I still wonder, if you weren't selling your prescription medicine, then what were you selling? Or, what will they claim you were selling?
     
  14. CdwJava

    CdwJava Moderator

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    A baggy is a small plastic bag used to seal usable amounts of drugs for sales. Sometimes they are ziplocked, sometimes they are heat sealed, and other times they are merely small garbage bag corners twisted and tied to hold a small amount of drugs.

    And the "text talk" is likely a reference to a text based discussion involving the use, transportation, and sale/transfer of drugs.
     
  15. mistad3

    mistad3 New Member

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    Taking me to court for my money

    Ok here we go again. The cops came in and took my cash $7000. this is a list of items they took. Two empty pill bottles Oxycontin, my Iphone, (with tons of drug text not just Oxy but tons of other drugs as well) baggies with no drugs in them, and the cash. Since they couldn't come up with any criminal charges that would stick they're taking me to civil court to seize the money. How is this possible?
     
  16. CdwJava

    CdwJava Moderator

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    It is possible because they make the seizure a civil matter and not a criminal one. A lack of charges should make it easier for you to retain the cash, but the laws in some states still hold that you effectively have to prove the money is yours rather than the state proving that the money is the proceeds of illegal activity.

    Have you spoken to an attorney?
     
  17. mistad3

    mistad3 New Member

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    It is a civil case now. The attorney I had on retainer wants to charge an extra $2000 for the civil trail for the cash but, I'm gonna try and settle the matter first. If they won't settle I'll take it to civil trail to get the cash back. I hate the fact they walk into your house and take your money without any proof. Is that standard procedure?
     
  18. mightymoose

    mightymoose New Member

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    They had a warrant that authorized them to take it. In order to get the warrant they had to have provided convincing evidence to a judge that criminal activity was taking place.
    As said above, you will likely have to provide evidence that the cash belongs to you, which means proving how that cash came to be in your possession. It sounds like you will be unable to do that without incriminating yourself. The cash is likely gone for good.
     
  19. THEJKH1999

    THEJKH1999 New Member

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    it is happening because you sold drugs, they have the proof on your phone, your criminal history and the "equiptment" you had in your place. They may still be waiting for charges but they have to wait for other investigations before they bring you up? there could be a number of things, if your lucky they wont charge you at all but still take your cash.
     
  20. mistad3

    mistad3 New Member

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