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Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3574
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Okay I am an escort in pine recently a friend and I traveled

Customer Question

Okay I am an escort in pine george recently a friend and I traveled to prince Rupert bc to stay with a client for a few days for the agreed asking price of 15,000 $ which would be 7500 each. I may note that escorting is legal, and I pay my taxes like everyone else. Anyway if unfamiliar as to how escorting works a client buys our time and what we choose to do with that time as consensual adults is our buiness. Anyway we had agreed to stay until the Sunday morning when our bus left at 1am in the morning. But at about 4am he started trying to make us do things that we were not comfortable with and after being warned 3 times that if he didn't listen we would leave. We left and got a room for the remaining 6 hours before our bus left and got some sleep. We bought our bus tickets first thing and just as our bus was about to leave he showed up in a rage telling us we ripped him off eventually we had to call the police because he was getting physical trying to take our money back from us. Apparently he thought that we would go visit him fall in love and he wouldn't really have to pay us. Anyway the police arrive and they immediately know who he was apparently he was known to police there. Anyway he tries to tell the cops we stole 30,000 dollars from him so I tell the cops that we are escorts and we do have 7500 each on us but that was all so they search are bags find nothing there but then tell us they have to seize our money because it is such a large amount. And the arresting officer goes on holidays the next day for two weeks. I need help that is our money regardless of what he did to make legitimate or not it was not seized on him it was seized on us. And we have the text messages plus our adds online and everything to prove our employment. What we do is legal that is our money and I don't understand why I have to now prove it's mine to get it back. The Client is apparently not giving a statement to police and not trying to get it Back. I feel like it was wrongfully taken and I need a referral to a good lawyer in the prince george bc area that has time to take this case. I don't want a lawyer who Wil get to it when he can I need a lawyer who is on it. Because not very day do we get to make that kind of money and we need it to pay our bills. That is our income. Please reply as soon as possible thanks for your time
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello Katherine, thank you for the question.

Off the bat, I'm not judging you for your profession. You've had money seized by the police and you want it back, that's perfectly legitimate.

You're in Prince George? And your money was confiscated in Prince Rupert? I assume by the RCMP?

Customer: replied 1 year ago.
that is correct,and I had a lawyer here tell me he was on it but now informed me he has a murder trial happening right now and won't be able to help me.
Customer: replied 1 year ago.
the rcmp officer in rupert told me I had to go in and right a statement and that most likely it would be turned over to a civil matter. And my initial lawyer said wo wo wo, told me not to right a statement because by civil matter he ment civil forfeiture and if it gets turned over to them it will be a lot harder to get back. So now I haven't wrote this statement I was supposed to right and that was at the advice of a lawyer and now I'm screwed because he can't help me right now
Expert:  Ulysses101 replied 1 year ago.

I see. Lawyers, especially good lawyers, are a busy bunch.

Did your lawyer say when he'd be available?

Were you asked to write or hand in this statement in the Prince Rupert division on 6th Avenue in Prince Rupert?

Customer: replied 1 year ago.
No telling prince rupert cop told me to go into the detachment here in prince george and submit my statement there. I don't know who to listen to the cop or my lawyer. I mean my lawyer is a great lawyer he has been good to me over the years and all so I do trust his word it's just he says he is just to busy over the next couple months and they said they only have 90 days to investigate it. So is it up to me to go do all these statements and stuff to try and get it back or is it up to the cop to do his job and investigate the issue himself as in isn't he supposed to have to prove the money isn't from exactly what I said it was from if he thought it was aquired illegally? And if he can't prove that doesn't it have to be returned after that 90 days? Weather I write a statement or not?
Expert:  Ulysses101 replied 1 year ago.

I hear you. But the police routinely seize money and property if there's some reason to suspect that the money was part of a criminal transaction.

It's good that you're dealing with the RCMP in British Columbia for the simple reason that you aren't dealing with provincial or municipal police, and that you'd need to do things at specific and inconvenient locations.

In general, if it's between the police and your lawyer I'd say trust your lawyer first. Your lawyer's obligation is to you first.

So the police told you that to make a claim for the return of the money that you have to make a statement within 90 days, and your lawyer can't help you that quickly? It makes sense why you came here then.

Sadly, you ought to do a statement to declare that the money seized wasn't the result of anything criminal. There's a tight timeline so that the police can keep whatever they seize. Drug dealers are usually happy to escape without being charged, and don't worry too much about the forfeited money with which they were caught, if that's the only penalty.

So firstly, call your lawyer's office and confirm that s/he can or cannot deal with this within the 90 days. You don't need to speak to your lawyer directly. If you're an ongoing client for whatever reason then the lawyer's office should be able to tell you the availability, and if that lawyer can't deal with your matter ask who else in the community can. The staff at law firms all talk to each other and your lawyer's clerk or secretary orwhatever should be able to give you a referral on behalf of the lawyer. Maybe your lawyer has an associate or junior lawyer who can get the money return demand started in his absence.

I've done a bit of research for specialists in this field near you, so look at these links and contact them if your lawyer cannot act for you soon:

http://www.garybotting.com/Contact.shtml

http://www.lawyernetwork.ca/canada/british-columbia/prince-george/criminal-defence-lawyers

Or contact the BC Law Society referral service

http://cbabc.org/For-the-Public/Lawyer-Referral-Service

Or try the Canadian Bar Association's referral service

http://www.cbabc.org/Our-Work/Initiatives/Lawyer-Referral-Service

But I think that your best bet is to ask your lawyer's office for a personal referral if your lawyer can't get to you right away.

You've asked whether or not the police have to prove that they have the right to keep the money seized, and sadly they don't. You have to make the application to show that the money wasn't part of a criminal enterprise, and if you can't or don't then the money belongs to them. I wish for your sake that it were different, but I suspect that you weren't expecting otherwise.

I normally recommend the lexpert website, but I'm not seeing anything specific enough for your needs. I hope that what I've suggested above gives you a good lead.

Does that help Katherine? If there's more to discuss then please reply. If I've answered you then I'd appreciate a positive service rating please.

Expert:  Ulysses101 replied 1 year ago.

I'm going to bed shortly Katherine, and before I do wanted to check whether you've read what I wrote and whether there's more to talk about.

Ulysses

Expert:  Ulysses101 replied 1 year ago.

Hello Katherine, did you get hold of your lawyer yet? Or maybe looked up another from the links I sent?

Ulysses