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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27618
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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..I live in co.I was a passenger in a car.we were pulled over

Customer Question

..I live in co.I was a passenger in a car.we were pulled over for speeding,illegal lane usage alleged bu the police.they searched the cat and found .3 grams of cocaine.I got charged with f 6 felonie.they took my phone.7000 in cash.50 grams of pot.the pit is legal.they kept everything.the next day I got everything back but the money.since I was given it all back but the money.shouldn't I get my money back.I was going to denver to buy a car
Submitted: 4 years ago.
Category: Legal
Expert:  LegalKnowledge replied 4 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Even though you received everything back BUT the money, is the charge for the cocaine still pending? Also, was the cocaine found on you or in the car?
Customer: replied 4 years ago.
Charge is still was found in the car
Expert:  LegalKnowledge replied 4 years ago.
Thank you for the additional information. It is not uncommon when drugs are found and arrest made, the large amounts of cash found on the person are seized and not released, until after the case is resolved. The reason being, is that the police and prosecutors believe that it could have been used in a drug transaction, which allows them to keep it. However, you certainly can ask the Judge when you go before the court, to sign an order, requiring the police release the money. What you will likely need to do, is show the Judge the source of these funds. In other words, show the Judge where the money came from and that it is legitimate. If you can do this, the Judge may sign the order, releasing the money. Now, as afar as the possession charge, you could have a defense and legal basis to fight this, if it was not found on you. After all, it was not your car, you were a passenger and how would you have known that the driver/owner had hid the car in the vehicle. If both of you are charged and the cocaine was not yours, the owner should admit to this and take the blame. Moreover, the location of where it was found would also give greater weight to who it belonged to and if you knew it was there. Since it was not on your person, it would be constructive possession, not actual possession.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  LegalKnowledge replied 4 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 4 years ago.
Relist: Incomplete answer.
Want to no if I can get my money back.charge is pending and it was found in the car
Customer: replied 4 years ago.
Can I do a motion to release
Expert:  LegalKnowledge replied 4 years ago.
Yes, as I stated above, you can file a motion or in the alternative, when you appear in court, ask the Judge to sign an order, releasing the money that is being held. If the charge is pending, you need to see if the State is going to proceed and file the possession charge against you. If so, you can ask the Judge for its return and will need to show the source of the funds. If they do not proceed, then the money will and should be returned. If not, then you will have to file a motion and go before the Judge.