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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113491
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I WAS ARRESTED FOR POT SALES AND TRANSPORTATION UNDER AN

Customer Question

I WAS ARRESTED FOR POT SALES AND TRANSPORTATION UNDER AN OUNCE OF POT AND I HAVE MY 215 CARD, THEY ARESSTED ME BECAUSE THEY WANT ME TO "GIVE THEM SOMEONE DOING SOMETHING REALY BAD" I HAD A BIG ZIP LOCK BAG AND A JAR THAT HAD 2 DIFFERENT TYEPES OF POT IN IT FOR PERSONAL USE AND THEY SAID THE BAGGIES WERE FOR SALES, IN MY WALLET I HAD AROUND $800 CASH AND $600 OF IT WAS IN A SPEREATE ENVELOPE ( IT WAS THE MONEY MY NEIGHBOR HAD PAID ME FOR ANSEWERING THE PHONE AND CREATING LEADS FOR A CO HE IS DOING A PROJECT FOR, I HAD JUST PICKED IT UP A FEW HOURS PRIOR TO MY ARESST AND HADNT MADE IT TO THE BANK. THEY TOOK ALL MY MONEY AND KEPT IT FOR EVIDENCE. I HAVE NOTHING NOW HOW DO I PROVE IT WASNT DRUG MONEY AND GET IT BACK
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: ROSEVILLE CA
JA: Have you talked to a laywer yet?
Customer: NO JUST GOT BAILED OUT YESTERDAY
JA: Anything else you want the lawyer to know before I connect you?
Customer: AREST WAS ON SUNDAY AT 3AM
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to get your money back, you will have to provide proof of where the money came from and your attorney will need to file a motion in court for return of your money. Your neighbor will have to testify to the court that it was your pay for working for them. If you had your card and you were carrying less than one ounce, the DA should dismiss your case and if they do dismiss then the court will also order your money returned. I would suggest going to court on your first appearance, plead not guilty and bring your card with you and you need to get your attorney to talk to the DA and show your card and discuss dismissal of the charges at that time. Typically, when someone is arrested and they do have a card, the DA never takes charges unless they were caught actually selling the marijuana and they have a witness to the sales (merely having money on you is not proof of sale).