Seizure and Hold of Money... Question

[chZpUFF12123]

What is the name of your state? Fl

The individual was arrested on May 19, 2006, on two charges of fraudulently using a credit card, felonies. He had about $1,000 in his vehicle that was subsequently confiscated. Upon attempts to retrieve the money my relative was told that it had an evidence hold. Two months later the individual was charged with several counts of burglary.
Questions:
1. Can a civil action be brought against the seizing agency to recover the monies being that they did not proceed with an actual forfeiture action within the required deadline? From my vantage point possession of the money is in no way proof of fraudulent use of a credit card so why would they have an evidentiary hold? The burglary charges were after the set deadline for filing for forfeiture actions.

Posting for an in-law without internet access, so my previous post is not related to this case. I apologize if this is posted in the wrong area. Thanks for any advice that is provided.

 

[seniorjudge]

Q: Can a civil action be brought against the seizing agency to recover the monies being that they did not proceed with an actual forfeiture action within the required deadline?

A: You can sue anyone for anything at any time anywhere.


Q: From my vantage point possession of the money is in no way proof of fraudulent use of a credit card so why would they have an evidentiary hold?

A: Ask the folks who took the money.

 

[las365]

What does your relative's criminal attorney say about this situation? Have the criminal charges been resolved? If so, how? Conviction? Plea agreement? Acquittal?

 

[chZpUFF12123]

The charges have not been resolved, there have been several continuations in the case.

She would love to ask the seizing agency, but for the most part she has been given the run around, or the people have been rude.

The criminal attorney has not responded to phone calls. She has been trying to call for the past 3 weeks, no luck. This is how it has been since the beginning of this ordeal.

 

[las365]

She? or He? Who is the accused, and who is trying to get the money?

I don't see why there would be a time limit on how long law enforcement can hold evidence pending the outcome of criminal charges. The money could be evidence that the accused fraudulently used a credit card to obtain merchandise and then sold it, or could be money that was stolen during the burglary.

 

[chZpUFF12123]

He was arrested and is currently incarcerated. He asked her to inquire into getting his money released.

The items allegedly purchased were miniscule-batting gloves, sweat pants, nothing that I, personally, would classify as big ticket items. The burglary charges did not come until about two months later. In addition, as listed in the discovery, the houses allegedly burglarized did not have money stolen from them. Jewelry and electronics were reportedly stolen, however his included pawn records do not indicate that items were pawned during or immediately after the burglaries occurred.

Still, I find it difficult to see the need to hold the money.

 

[Rexlan]

I believe they will hold all of the evidence (or what they have tagged as evidence) until the criminal charges are resolved. This is standard. If you have a court appointed attorney you will not get much assistance on personal issues. That is not their function.