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Question:
What to do when you
get a Notice of Seizure?
Client is pulled over for a traffic
offense by a drug task force by officer.
The police had him sit on the curb and
ultimately seized thousands of dollars
from a shoebox in client's car. Client
was arrested for public intoxication. No
other charges were filed.
Client receives a DOJ/DEA "Notice of
Seizure." It states that he is allowed
to "Request Remission or Mitigation of
Forfeiture" with
the DEA within 30 days
AND/OR "Contest the Forfeiture" by
filing a Petition in Federal District
Court. What to do?
Answer:
Never file a
petition for remission, because DEA will
rule on it themselves. Whatever the sum,
whatever the basis for forfeiture,
request that they proceed to judicial
forfeiture.
The file has to be shipped back to the
U.S. Attorney in the seizing district.
Then the U.S. attorney will have to file
a civil forfeiture lawsuit. At that
time, the lawyer may be able to
negotiate something. It is customary for
the lawyer to contact the U.S. Attorney
that handles forfeitures before they get
the file to give him the heads up that
we might be able to negotiate
pre-lawsuit and save time.
Question:
How long after
ingesting hydrododone does it remain
detectable via urinalysis?
Answer:
The
general rule of thumb is 3 days for most
drugs, whether narcotics or dangerous
drugs. To get more specific, you look at
the 1/2 life of the drug
(i.e. the time it takes for 1/2 of the
drug to be excreted/metabolized) Other
things to look at are whether the HC was
a brand name drug or generic. Generics
typically use cheaper quality
fillers/binders and dispersing agents.
So that effects their 1/2 life.
If you need a real specific answer, the
area you are looking at is called
Pharmacokinetics, and the best place to
find one of these people is at a Medical
School or Pharmacy School. |