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CriminalLawyerTO
CriminalLawyerTO, Criminal Defence Lawyer
Category: Canada Criminal Law
Satisfied Customers: 1300
Experience:  After articling at a boutique criminal defence law firm, I started my own law practice, focused on criminal defence.
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I was stopped cops found pot in my van,I told them I used it

Customer Question

I was stopped cops found pot in my van,I told them I used it for my in large prostate. They took my cell, took 1400dollars ( I had just won at casino, and told them that ) 3 month later I showed up at police station to have my prints taken.as the promise to appear stated,I was told the crown dropped the charges,I didn't have to go to court. But they kept my money and phone ,saying proceeds of crime, what crime? Also my papers had no mention of money how much or igistance,what can I do?
Submitted: 8 months ago.
Category: Canada Criminal Law
Expert:  CriminalLawyerTO replied 8 months ago.

There are two possible ways to proceed, depending on the circumstances.

1) IF the cop took the money for himself, and didn't make any indication anywhere that the money was actually seized: in such case, you're recourse would be to make a complaint to the Police board (you can simply attend the station and ask how to go about making a complaint and they should give you some forms) and/or sue the officer and the Police board (as they are vicariously liable for his actions), seeking to recover the money stolen, along with perhaps further amounts for wrongfully arresting you.

2) IF they cops did in fact seize the money properly (in which case there should be a mention somewhere of the money they seized), then you can bring an Application to the courts to have the money returned. Specifically, section 490 of the Criminal Code of Canada sets out the manner in which you bring the matter before the court and they grounds you can argue to have the money returned to you.

Hopefully that answers your question.

Expert:  CriminalLawyerTO replied 8 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much.

Expert:  CriminalLawyerTO replied 8 months ago.

Sorry to bother you but would you kindly provide me with a positive rating so I can receive compensation for my services. Thank you very much

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