(Photo: David Handschuh/ALM) Self-Funding by the Police Department: Seizure of Money Upon Arrest
The key fact about seizure of money upon arrest is that there is no assignment of counsel in this setting. Although arrest begins a criminal process for which a lawyer is assigned to represent an income-eligible person targeted for criminal prosecution, that assignment of counsel does not formally cover the retrieval of property seized by the police.
May 28, 2021 at 12:58 PM
7 minute read
Despite calls for "defunding" the police or cutting the department's budget, there exists a money-making scheme used by the New York City Police Department to accumulate millions of dollars in property seized from persons who are arrested. Although denominated "forfeiture" in legal terms as purportedly recapturing the "proceeds" of crime, usually any type of drug offense, "forfeiture," as a legal judgment, rarely happens.
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