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SEIZURE AND ILLEGAL FORFEITURE


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#1 JKDNCFS2012

JKDNCFS2012

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Posted 04 April 2012 - 12:39 PM

(Yes, In lieu of recent event's in my partners drug trafficking charge-) Charleston,SC


 My boyfriend of several years was charged with the crime of "Drug Trafficking-Crystal Meth" in 2006. At that time the Tri-County Narcotic's Squad raided his home in Hanahan,SC under a "No-Knock Search Warrant". The Narcotics Squad seized Everything, items from the most ridiculous (ie-Vacuum Cleaner) to the most valueable, his Mustang Convertible that was purchased for him by his Grandmother only a year before. In the time since, my boyfriend as well as my self have consistently contacted his Attorney as to the result and we have requested to date a Correct Inventory List of the property which was seized. This information has never been provided. We have informed our attorney several times over what is now nearly six yearsthat the seizure of the Mustang is not warranted as the vehicle was purchased by his Grandmother, all of this which can be verified with Bank Statements. The Attorney's answer is this and only this, the property seizure and foreclosure will ultimately be a civil case we will need to pursue,but that it is not relevant to the case which is still open. My question is this; If my boyfriend and I have and have offerred to provide both the attorney and solicistors office with the Proof and Documentation regarding the Mustang only to be told by our current counsel that it "is not relevant to the criminal case but that we would need to pursue a civil case" How do we proceed? Also, what is the process I should take to bring forward a Complaint about the Misrepresentation of my own attorney? I appreciate your help. Thanks


 


Sincerely,


Very Confused 



#2 RetCopPrlgl

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Posted 05 April 2012 - 01:30 AM

Your attorney is correct.  A seizure of property suspected to be the fruits of criminal enterprise is not evidence in the criminal case, but rather a civil action to divest the accused of the profits of the criminal enterprise.

They are two entirely different matters.  Recovery of the seized property is attained by a civil action, at which time proof is given that the property was not purchased by the proceeds of a criminal enterprise.

You would have to be able to "attach" these so-called bank statements to the actual documentation supporting the purchase of the vehicle in order to prove the car was not purchased with "drug money".  It's a daunting task.

I am not an attorney. My comments are made based on my training and experience as well as diligent research.  I am also not perfect, therefore, I will accept constructive criticism, if tendered with respect.






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