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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13389
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Can a police officer keep your social security money when

Customer Question

Can a police officer keep your social security money when you are arrested with drugs on you and you have proof that it is a back payment?
JA: The Retirement Accountant will know how to help. Please tell me more, so we can help you best.
Customer: My relative had a warrant and the police came to my home to arrest him and took all of his money that he just got as a back payment. He sued the police department for his money and they said there is a statue that says they can keep any money that is on the person who is arrested on drug charges. He gave the Judge proof that he just got a back payment and when it was cashed. He cashed the check two days before he was arrested.
JA: Is there anything else the Retirement Accountant should be aware of?
Customer: No
Submitted: 5 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 5 months ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Customer: replied 5 months ago.
it came through
Expert:  Stephanie O Joy, Esq replied 5 months ago.

Yes, any apparent evidence, including money that appears to be potentially connected to a drug crime, can at be confiscated by police. It is called civil forfeiture. Once seized, the government must file a complaint to win forfeiture of the property. The defendant needs to be served notice of the complaint so he can respond and defend.

Expert:  Stephanie O Joy, Esq replied 5 months ago.

It is a VERY controversial topic. The essence of civil forfeiture has sound basis, but it is argued that it is greatly abused and that the pendulum has swung far to wide, causing innocent people to lose their property.

Expert:  Stephanie O Joy, Esq replied 5 months ago.

If he contested the forfeiture and lost (I presume he used a strong criminal defense attorney), he may want to consider any appeal rights he may have, if this was a significant amount of money.

Expert:  Stephanie O Joy, Esq replied 5 months ago.

I hope this helps! My goal is to provide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you aredone. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 5 months ago.
Rating...good
Expert:  Stephanie O Joy, Esq replied 5 months ago.

Thank you!

Now if you could just click on the 5 stars (hopefully!) so the company gives us credit and you get noted for finishing up. Thanks!