Texas Criminal Law News

Notice of Seizure
 

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.

 

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