Commonwealth v. $7,501.00

By Judge James H. Chamblin

The Commonwealth moved to nonsuit this forfeiture proceeding in a drug case when it came on for trial on May 31, 1996. Thereupon, counsel for the defendants moved for the return to Cecil T. Lewis of the $7,501.00 in cash and a pager seized from him on June 23, 1995, under § 18.2-249. Counsel have each submitted proposed final orders. On June 17, 1996, counsel were given additional time to file authorities, but neither has done so.

Although I have some doubts as to whether the Commonwealth can take a nonsuit in a forfeiture action in a drug case (see Trout v.…