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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26818
Experience:  Active member of the NYS bar since 1989
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How long does it take too get your money back after

Customer Question

How long does it take for you too get your money back after police seizure
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello, Why did the police take your money? Have you been charged with a crime? Are they investigating? Have you received a notice of forfeiture?
Expert:  Zoey, JD replied 1 year ago.
I was hoping to hear from you by now, but I'll post an answer. If it doesn't address all of your concerns, reply here on this question thread, and I'll add to the answer. The state has the right put a hold on your funds under certain circumstances: -- to investigate whether these funds are evidence of criminal activity; -- to use the funds against you as evidence in a criminal case; -- to initiate forfeiture proceedings if it is determined that the money is the means or instrumentality of a crime. In the first instance, they cannot hold the funds indefinitely. If they cannot link the money to illegal activity and the investigation ceases, they must return your funds to you. How long can they investigate? They can investigate until the statute of limitations expires on the particular crime they are looking to link you to. For a misdemeanor, they can take up to two years. For a felony, 3 or even more depending on the crime. In the second instance where they are holding your money as evidence, if you are convicted after trial, they will confiscate your unlawful gains as contraband, but you should be able to get the money back if you are acquitted of the charges. In the third, they can initiate forfeiture proceedings. If so, you'd get a notice and be told that you could challenge this at a hearing. You'd need to get a lawyer and would be expected to prove that the funds were obtained lawfully and that you're entitled to them.