The other charge Steven Lavender was charged with and it is not mentioned in the Petition For Forfeiture is the following misdemeanor:
35 § 780-113 §§ A16 – Int Poss Contr Subst By Per Not Reg
According to lawyers, this charge does not involve the intent to sell (click here):
No, it is not intent to sell. That is 35 § 780-113(a)(30) [That is the charge Lavender was found not guilty of by a jury]. 35 § 780-113(a)(16) means unlawful possession of a controlled substance by a person not registered under the act to possess it unless obtained with a valid prescription.
We don’t know what substance he had or how much but he was found guilty by a jury of this charge. If it does not involve sales, can the District Attorney take his $2,905?
I honestly don’t know – but it is very clear the petition is just wrong and the fact they state they are taking his money because he was found guilty of driving with a suspended license and another summary driving violation is simply ludicrous. And on the same day the invalid petition was filed, Judge Christopher Hackman issued an order giving Lavender 30 days to respond or they were taking – and did take – his $2,905 in cash.
** According to his docket, Steven Lavender was charged with four offenses – including one not mentioned in the Petition For Forfeiture (see below). During a jury trial, he was found not guilty of the felony offense – Manufacture, Delivery, or Possession With Intent to Manufacture or Deliver. So what was left and how can they take $2,905 of his money under drug civil forfeiture?
* So, the District Attorney’s Office can take $2,905 of your money under drug civil forfeiture because you are found guilty of driving while your license is suspended? See a portion of a Petition For Forfeiture below and click here to read the entire Petition. There’s actually more to this but not much. How could a judge approve this?
This email in: I would like to remain Anonymous however you may be interested to know or should maybe look into the financial state of the sheriffs office having their credit cards maxed out. Kind of fits since he’s claimed a bankruptcy himself. So much for being a conservative republican. Please check back later today.