Charlotte Criminal Lawyer Blog
What Happens to My Property if I Go to Jail?
One of the serious punishments that may happen to you if you are convicted of a crime is spending time in jail. When you are incarcerated, you will no longer have the freedoms you previously enjoyed, and you no longer have access to your property. Many people wonder what will happen to their property if they have to spend time in jail.
Property on Your Person
When you go to jail, whether for a night or longer, you will not be allowed to keep any of your belongings with you in confinement. The police will inventory your items and hold them in a secure location. Typically, they will place your property in a sealed bag. Items such as keys, jewelry, wallets, purses, money, credit cards, etc., will be held until you are released from jail. At that time, law enforcement will return your items to you.
Seizure of Property
Sometimes, law enforcement may seize property if it is connected to a crime. Seizure happens frequently with vehicles that have been utilized in drug crimes. If that happens, you will not have access to the property. Seized items are held as evidence pending the outcome of the case. If you are found not guilty, the property is returned to you. If you plead guilty or are found guilty of a crime, the property may be forfeited per a court order. Forfeited property is typically sold at auction.
Forfeitable Property
North Carolina law allows for the forfeiture of property when it is directly related to a crime. Only the property owned by a convicted criminal can be forfeited. Property that is forfeited will be sold, and the proceeds will belong to the state. There are a variety of assets that could be forfeited, including money, bank accounts, vehicles, jewelry, equipment, and more. The state must go through the proper court process and present evidence to a judge. The judge will make a final determination in regard to forfeiture.
What to Do With Your Property
If you are going to be incarcerated for a long period of time, you will need to make decisions regarding your property. You will need to take action to resolve your apartment or home mortgage, furniture, clothes, other possessions, bank accounts, and bills. It is helpful to designate someone to handle your affairs on your behalf. You may wish to have someone pack and store your items and ensure that your bills are paid and current. It is often best to take care of your property matters before you are in jail. For example, if you have a warrant, you should put your affairs in order before you turn yourself into authorities. This isn’t always possible. An experienced criminal defense attorney will help advise you of your options and assist you in taking care of your personal matters.
If you are facing criminal charges, we can help. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to get the legal guidance you need.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may face include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in defense of those facing criminal charges.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_90/GS_90-112.html
https://www.law.cornell.edu/wex/seizure
Image Credit:
https://www.freeimages.com/download/inside-old-jail-house-1454664
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