You should always consult with a lawyer first. The amount of money that was seized and the circumstances surrounding the seizure are going to dictate how you want to proceed, and an experienced criminal defense and forfeiture defense attorney can advise you on the proper steps to take when this unfortunate situation arises. Below is a guide to most cases, but by no means should you take this approach without speaking with an attorney experienced in cash forfeiture law.
Patience is a Virtue – And Often the Best Strategic Move
Generally our office will advise our clients to be patient and deal with the criminal case first. If the amount of money is not a life-altering sum of money (and usually we are talking about between one hundred and a couple thousand dollars–significant amounts of money but not life-altering), the best approach initially is usually to wait to recover the money and deal with the criminal charges.
Step 1 – Document Everything
In the meantime, document what you can about the seized money. Write down the exact amount that was taken, where it was taken from, and what officers took it. Gather any receipts, bank statements, deposit slips, check stubs, or other financial documents that show that the cash came from a legal source of income. All of this will be important for the recovery process.
Step 2 – Resolve the Criminal Case
After everything has been documented, work with your lawyer on defending against the criminal case. Regardless of whether the case ends up dismissed, as a guilty plea, or goes to trial you can still get your money back at the end.
Step 3 – Wait Ninety (90) Days after the Criminal Case
Under Maryland law, the forfeiting authority has ninety (90) days after the resolution of the criminal case to file a claim in court seeking the seizure of the money. This specifically applies to money, only–the law is different regarding vehicles and other property. It is usually advisable to wait these 90 days in order to see what the government is going to do. Often times they may neglect to promptly file a claim, which is why it is usually smart to not remind them of the cash seizure until after the 90 days have passed.
Step 4A – Government Never Filed a Claim – Demand Your Money Back
If the government does not file after 90 days have passed, your attorney can make a demand that they immediately hand over the cash that was seized. An attorney at this step can help immensely. Not only will the attorney know the law and not allow you to get the run-around from the government, but the attorney will know the proper channels to take to get you your money back and quickly and efficiently as possible at this point.
Step 4B – Government Filed a Claim – Go to Court to Get Your Money Back
At this point you will definitely need an attorney. The government has filed a forfeiture case with the court and you will have to go to court to defend against the claim. The good news is you are fully prepared now with your documentation and a lawyer can use that to your advantage in order to get you your money.