Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I have a criminal defendant in Texas that has been charged…

Customer Question
I have a criminal defendant...
I have a criminal defendant in Texas that has been charged for "keeping a gambling place" and set for trial. In the process the defendant had $54,000 seized by police. I have been looking under section 18.18 of the Code of Criminal procedure to determine what steps the prosecution must complete in order to keep the proceeds and what steps must be taken in order to have the money returned. What is the step by step process to get the proceeds returned or alternatively for the state to avoid the return of said money?
Submitted: 4 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
The money found was in the machines, gambling place's counter, accused's person (he was on site), and in his vehicle, also on site. Officers have placed the money in an interest bearing account as required. I want to know if due process is being followed. Should my defendant be allowed a hearing in reference to the money taken or is it only retrievable after prosecution (which is ongoing) or conviction? Do I have a way to use the money being held as leverage?
Customer reply replied 4 months ago
Articles 18.09, 18.10, 18.11, 18.12, 18.13 refer to taking and custody of the property in question and the necessity of the magistrate determine if the warrant and items seized are legitimate. In this time is there any due process available to render the return of these taken funds?
Answered in 1 day by:
1/14/2018
Criminal Lawyer: N Cal Attorney, Lawyer replied 4 months ago
N Cal Attorney
Category: Criminal Law
Satisfied Customers: 9,700
Experience: Since 1983
Verified

I am sorry to hear this.

Did the State file a "Notice of Seizure and Intended Forfeiture" within 30 days of the seizure?

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
They did not.
Customer reply replied 4 months ago
Any answers?
Criminal Lawyer: N Cal Attorney, Lawyer replied 4 months ago

Texas Code of Criminal Procedure:

Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING. (a) If a peace officer seizes property under this chapter, the attorney representing the state shall commence proceedings under this section not later than the 30th day after the date of the seizure.///

This means they cannot file a forfeiture action against the seized property. And you can file a motion for return of property.

One attorney says:

"A peace officer who seizes property is required to provide the attorney representing the state with a sworn statement containing an inventory of the property seized within 72 hours of the seizure. Also, subsections (a) and (b) of Article 59.04 requires that a notice of seizure and intended forfeiture (the lawsuit) be filed within 30 days or the court loses jurisdiction to hear the case."

Yes this can be used as leverage, I have seen criminal cases resolved where the charges are dropped and the defendant agrees to forfeit a bunch of money to the State.

Please let me know if you need more information.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9,700
9,700 Satisfied Customers
Experience: Since 1983

N Cal Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Is there a form for a writ of mandamus?
is there a form for a writ of mandamus?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
What is a good defense against criminal trespassing charges
What is a good defense against criminal trespassing charges for a first time offender age 17?… read more
Steinlaw
Steinlaw
Attorney/Principal
JD
1,704 satisfied customers
i have or may a couple of warrants in arkansas for hot checks
i have or may a couple of warrants in arkansas for hot checks from 10 years ago. Would the warrants still be active. Or do i need to turn myself in and if so what will happen and will i need money? Th… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I am going to have a jury trial in a civil district court.
Hello!I am going to have a jury trial in a civil district court. What is the ratio for me to win?I know it's different from criminal, where you must convince all 12 jurors to win.Thank you!… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A criminal trial has ended. All post trial methods of relief
A criminal trial has ended. All post trial methods of relief have bee exhausted, coram nobis, habeas corpus etc.What might be the most effective way to bring a collateral action to declare an indictme… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
In a criminal harassment trial (MA 265; 43A), can the
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incident… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have questions on criminal trial procedures on charges of
I have questions on criminal trial procedures on charges of sexual battery and assault. Will these questions appear online? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
12,102 satisfied customers
For a Federal Criminal Lawyer: In a federal criminal case in
In a federal criminal case in the district of Oregon where a motion to suppress had a hearing and an opinion was issued that denied it, several years have gone by and trial has not been held as yet. 1) Is there any situation where a new motion can be filed or the denial challenged prior to the trial when new facts or new case law has been found that could change the opinion? 2) What about if case law or facts existed at the time of the first motion to suppress were not presented or ignored by the court? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
217 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,817 satisfied customers
What does T453;A TO C mean in regard to a casesearch record,
what does T453;A TO C mean in regard to a casesearch record … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
What does the term means, currently under indictment means
What does the term means, currently under indictment means?… read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
I was charged with failure to contain a dog (Ohio Revised Code
I was charged with failure to contain a dog (Ohio Revised Code 955.22C) because a passerby alledged that one dog left the property and accosted him and his son. The dog did not bite anyone but the man… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
Does an affidavit of a police officer have to be notarized
Does an affidavit of a police officer have to be notarized and witnessed or because he is a police officer it does not have to be notarized. Our lawyer is saying because he is a public officer it coun… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
1. What exactly is a "PETITION HEARING"? Its the next scheduled
1. What exactly is a "PETITION HEARING"? It's the next scheduled court date in a criminal misdameanor case that was opened like a year ago. 2. There is another criminal misdimeanor case this person ha… read more
stevexo
stevexo
Criminal Defense Attorney
Doctoral Degree
992 satisfied customers
What does "Chamber Works" mean for California criminal court?
What does "Chamber Works" mean for California criminal court? It states that "chamber work" was heard on a certain date, time, and department; however, this date was not provided to the defendant in t… read more
Thelawman2
Thelawman2
Doctoral Degree
1,356 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x