return of evidence

[ksjane]

What is the name of your state? KS

My bro got arrested with just under 4 grams of marijuana and paraphenilia. He was arrested for possession with intent to sell. In addition, he had about $700 on him. His fiance just got paid that money (yes she has pay stubs to prove it). He was supposed to go pay the utility bill (they are now homeless because it got disconnected) but the money was seized with everything else. When his fiance called the day of his hearing to see what time it was, they told her the DA has decided not to press charges at this time.

Question #1--- Does that mean they can bring the charges back up at a later date? If so, how long do they have to do so?

Question #2--- Is his fiance able to get that money back? If so, how?

Thanks in advance.
KansasWhat is the name of your state?

 

[CdwJava]

Question #1--- Does that mean they can bring the charges back up at a later date? If so, how long do they have to do so?

Yes they can ... and they have until the statute of limitations expires. The SOL may vary depending upon the specific offense he was charged with. It could be as low as 6 months, or as long as a few years.

Question #2--- Is his fiance able to get that money back? If so, how?

HE can fight to get the money back arguing that it was his fiance's money, but it is HIS fight, not the fiance's, because HE had the money.


- Carl