How to get money back that the government forfeited in a drug or controlled substance case in Minnesota

If you are charged with a controlled substance crime and cash was found on your person or near the controlled substances, the government may have taken your cash and issues you a document entitled “notice of intent to seize and forfeit”. It’s important to know that you have rights. Most police don’t explain this to you. But if you want to get your money back there are some things you need to do, and it is important to not lollygag. This blog will talk about the three most important things to do.
-
File a forfeiture documents within 60 days
Nothing is more important than this. If you do not file the right paperwork with the court within 60 days, the government gets to keep your money. It’s not fair. But it’s the law. And there are practically no exceptions. I’ve been a part of litigation where a Spanish speaking person had money forfeited. She did not realize what was happening with the forfeiture until after 60 days and she got a lawyer involved. We tried to get an exception because of the language challenge, but the court was unyielding in that 60 days is a hard deadline. It’s imperative that you act fast if the police seize and forfeit money from you.
-
Hire a skilled lawyer
You have the right to represent yourself in court. But the complicated rules make it very difficult for a non-lawyer to navigate the system. The prosecutor won’t cut you any breaks. And judges can be callous to the concerns of a self represented litigant. Hiring a lawyer who can advocate for your best interest is important.
If you were granted a public defender for your controlled substance case, you may be under the impression that they will help get your money back. But you would be wrong. Public defenders are only assigned to the criminal case; and are prohibited from help you with your forfeiture, which is a separate civil case. These rules trip up indigent people accused of crimes all the time. If you were granted a public defender and had your money seized by the police, make sure to contact an attorney who is knowledgeable about controlled substance case and forfeitures.
-
Figure out a strategy for your case
Once you have filed the right documents to preserve your rights, and hired a skilled lawyer, it’s time to develop the strategy for your case. There are numerous strategies that can lead to you getting your money back. In certain circumstances, the charges being lowered in criminal court can help get your money back in the forfeiture action. But it is important to be in close contact with your attorney because the nuances of charges and dispositions are detailed and important. Another potential defense is that the money was too far away from the controlled substances to be a part of the case. There may be other fact specific issues in your case that you can utilize to your advantage in a forfeiture case.
Conclusion
If you had cash seized in a drug or controlled substance case, you want a skilled criminal defense attorney who is knowledgeable and will advocate on your behalf. Peter Lindstrom, Esq. was trained at the nation’s best seminar on defending drug crimes. He has strategies and knowledge about litigating drug crimes issues that other lawyers do not have. Contact Subzero Criminal Defense for a free consultation. 651-248-5142