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CAR POLICE IMPOUNDED BUT CHARGES DISSMISSED
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Asked by kennethy72 from Laveen, AZAnswered 13 years ago.
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In June, West Valley City police arrested James R. Wilkes and accused him of having 13.5 grams of methamphetamine taped to the frame of his Chevy pickup.
As it prosecuted Wilkes, the Salt Lake County District Attorney's Office used forfeiture proceedings to try to take his truck, plus $18,172.73 in cash and a Harley-Davidson motorcycle.Then this month, the drug distribution charge against Wilkes was dismissed, www.cusabio.com/pro_10.html Recombinant Protein along with at least 26 other state and federal prosecutions tainted by questionable evidence handling at the West Valley City Police Department.But Utah authorities are under no obligation to return any of the property already forfeited through civil proceedings, said David B. Smith, a Virginia-based attorney who chairs the forfeiture committees of the National Association of Criminal Defense Lawyers."It's too late, essentially," he said. "Which is an interesting commentary on the D.A.'s forfeiture cases. They're basically taking money and property from people who can't afford to contest the forfeiture, so they're pretty much at the mercy of the police department and D.A."[But] that doesn't mean the government can't give them their property back," Smith said. "If they wanted to, they could probably arrange for the people to be compensated. They could agree to pay the person back the value of the car out of this forfeiture fund."Answered by BioCusa (Novice with 183 pts.)
Answered 13 years ago.