Property Seized in a Drug Case
Ala. Code § 20-2-93 — $250 in cash and a car worth under $5,000 are exempt, and a seizure order within seven business days
- United States currency of $250 or less is exempt from seizure and forfeiture.
- A motor vehicle worth less than $5,000 on the market is exempt.
- A district attorney may raise those amounts in the circuit.
Who handles this in Alabama: Alabama State Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Alabama directory.
| After a seizure | What the law requires |
|---|---|
| After a seizureAt the seizure | What the law requiresAn inventory of what was taken, given to the person who had it |
| After a seizureWithin seven business days | What the law requiresA seizure order from a judge, unless more time is allowed for good cause |
| After a seizureWithin 14 days of the order | What the law requiresThe agency takes the order and an application to the prosecutor |
| After a seizureWithin 42 days of the seizure | What the law requiresThe prosecutor files the forfeiture action, unless the court allows more time |
The case is tried to a judge without a jury, and the state proves by a preponderance of the evidence that the property was an instrumentality or the direct proceeds of a chargeable offense. An innocent owner's interest is not forfeited unless the state proves the owner knew or consented, and an innocent owner may ask for a hearing any time before a conviction.
When the prosecutor does not go forward. If the prosecutor finds no probable cause that the seizure was valid, the property goes back to the owner within 14 business days. When no forfeiture action has been filed 90 days after the seizure order, the judge may review the case for dismissal.
Sources for this section (1)
- Ala. Code § 20-2-93 — Forfeitures; Seizures
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.