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Category: Criminal Law
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Experience:  licensed attorney in criminjal law for 30 years
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ok my brother inlaw got arrested and thay took 1600.00 in cash

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ok my brother inlaw got arrested and thay took 1600.00 in cash the cash was won at the casino 2 days pryier thay said he has 30 days to do something that im not clear on, and if he doesnt he will loose the money he wants to give me a power of attorney so i can handle it for him can you assist me in what i need to do? and something about filling something in writing before his next court date wich thay just moved up to the 3rd of sep
Thanks for your question.He has to do this or have lawyer do it.Not something a POA can allow you to pursue.He is the proper party.This is likely civil forfeiture.Under a practice called “civil forfeiture,” police and prosecutors’ offices seize private property—often without ever charging the owners with a crime, much less convicting them of one—then keep or sell what they’ve taken and use the profits to fund their budgets. And considering law enforcement officials in most states don’t report the value of what they collect or how that bounty is spent, the issue raises serious questions about both government transparency and accountability.

Under state and federal civil asset forfeiture laws, law enforcement agencies can seize and keep property suspected of involvement in criminal activity. Unlike criminal asset forfeiture, however, with civil forfeiture, a property owner need not be found guilty of a crime—or even charged—to permanently lose her cash, car, home or other property.

He's going to need a lawyer to file suit to challenge forfeiture, this is not something you can do for him here.There are no premade forms a lawyer will have to draft it.His criminal lawyer could deal with this.
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