Unlawfull poss Marijuana and

[dorito99]

thanx 4 ur nonsence. next. any1 with a brain care to comment please thank you have a nice day

 

[dave33]

There really is no way to know the answer. Different counties, different states, different district attorneys, different protocol etc.. Although, it does make sense that your money was taken because it is believed to be proceeds from narcotics. You had better stay on top of the situation or you will most likely lose the money. I am not familiar with all the facts so they may take it anyway.Regardless, I believe it very likely you will have a forfeiture hearing for the money. Most likely you will lose the $ if you don't show. They will not be tripping over themselves to make you aware of hearing time and place. Get a lawyer. Pay attention. goodluck.

 

[Alexcny]

A kinda similar situation happened to a friend. His apartment got raided because 2 of his roommates had the subject of a lengthy drug sales investigation. In his room he had a lock box with ~$500 in $100 bills. The police siezed the money at the time as evidence. He was given a reciept for the money. He got a call from the police a few days later to let him know the money was clean and that he could stop by at any time to pick the money up.

As far as I know you are not obligated to prove the money is not from narcotics sale. The police have to have some sort of evidence that is what it is from. You are being charged with a UPM which under the eyes of New York State law is very different from any type of sale. The first thing I would do is contact the court and ask them what has happened to the money siezed and what you need to do to get it back. Providing the info about your loan and the pay stub is a good thing to provide to the court.

As far as your UPM charge you really need to make sure you get this off of your record. You already said you recieved a refund check from a student loan. Student loans are federally subsidized and you are no longer elligible for any federal loan money if you have any type of drug conviction on your record. The best advice is to hire legal aid. Find a local attorney who is familiar with the area and knows the judge. If this is not possible when you go to court for your apperance and to enter a plee talk to the judge. Tell him your afraid you will lose your loan money and don't know if you should get an attorney.

Sometimes the judge will set you up with a pretrial meeting with the DA or help you out in some other way.

Good Luck

 

[ERAUPIKE]

how else do paystubs come besides biweekly??? im not trying to argue but if it were just me in the car with a gram of weed and $6000 would they still take it?????? and they need to prove that the money is illegal after they seize it!!!!

Let's look at the circumstances here, You were found to be in possession of a large amount of cash while you were in a car with someone who possessed a large amount of narcotics. You possessed the same narcotics. It would seem that the evidence points to you receiving that cash from an illegal means. The burden is now on you to prove that the cash was not received by any sort of unscrupulous activities.

so if i show my financial aid check receipt for 2500 and have a pay stub for a week of work is that a good start??? and since they took my money shouldn't they have to prove that the money was tied to drugs?? which it is not. they have to prove that the money is illegal!!!! what if my mom gave me 6000 for christmas! what if i was goin to buy a car 2mrw? they cant just legally steal/seize my money because my friend is irresponsible!!!!!

The final paycheck you received from your job should show the cumulative amount of your wages for the summer. You will need that to prove your money is legitimate. The police can and have legally seized your money because of the situation you put yourself in. Newsflash, it is not normal for people your age to have that amount of cash on them unless they are selling drugs. There are other factors that may hurt you as well. What denominations were represented in your life savings?

im a full time student. i work in the summer to pay for books, tuition, housing and i need to eat to survive. i get a ride home with a gram of weed and my life savings. i dont know whats in my friends cars at all times nor do i ask.
do u??? jus because my friends have ****ty habits doesnt make it legal to rob a college kid!!!!

You share those habits and now you are paying the price.

also my friend owned up to all the weed and w.e he was charged with. if i show proof that the money is legal, which isnt a problem at all, how long til i would get a refund???

What was your friend charged with? That may hurt your case as well.