Delgado v. Commonwealth

By JUDGE THOMAS R. MONROE

On January 5, 1990, this Court heard oral argument regarding Mr. Delgado’s Motion to Return Seized Property. In consideration of the arguments advanced at that time, and as presented by counsel in memoranda, the Court finds as follows.

Mr. Delgado was arrested on November 16, 1989, for distribution of cocaine, and his vehicle was seized. The procedure for seizure and forfeiture of property in drug cases is codified in § 19.2-386. The newly-enacted statutory scheme places a burden upon the Commonwealth to timely file an information in all actions against property…