Hey! Give Me Back My Money!

December 2022

During a search and seizure of a person or their property, often alleged contraband is discovered. And then the police will confiscate other property, like cash, claiming the money is proceeds from a crime. For instance, maybe during a traffic stop, some weed is found in a person’s car. In our client’s Cobb County case, a few thousand dollars cash was seized by the Cobb County Sheriff. The State of Georgia claimed this money was obviously sales proceeds from selling marijuana in violation of OCGA 16-13-30(b). But this was cash our client made in tips as a waiter. No matter. The State moved to keep our client’s money permanently under OCGA 9-16-11. This was before any trial on the merits of the case. To make things worse, our client received notice to appear in Cobb County Superior Court on the Friday before the hearing on Monday. So, attorney Alan J. Levine, over the weekend, reassured the panicked client he’d be there to fight. And, there in Court, after negotiating with the prosecutor on the merits of the case, and supplying documentation of our client’s wages in tips, though he was ready to file a defense Answer and put up the case for the Judge to decide, Alan convinced the District Attorney to do the right thing. Our client is getting his cash to pay the rent back. Now, on to win the criminal case. We’ll keep you posted.

Practice area(s): Criminal Defense

Court: Cobb County Superior Court

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Every case is different and results depend on their specific circumstances. Prior results do not guarantee a similar outcome.