After a defendant's conviction for two felony offenses and sentences to the penitentiary, I learned that the defendant had approximately $800 on his person when he was arrested. The jail logged in the money and preserved it along with other property on his person when he was arrested. His court appointed attorney's fees and court costs total more than $800.

I would like to get the money for reimbursement to the county for the attorney's fees and for payment of some of the court costs. Is a writ of garnishment an appropriate way to do this? Any other ideas? Thanks for any suggestions or warnings!

If he appeals, prove he is not indigent and have the funds set off against the cost of the record or counsel.

Did he make a false statement about his indigency at trial?

Thanks, John. The closest question that might inquire about cash was, "Do you or your spouse own or possess any property worth more than $100?" The defendant said, "No."

$800 in cash is property worth more than $100. It's worth approximately $700 more than $100, if my math is correct.

Yeah, but he would argue that it was not in his possession. After all, the jail took it from him!!!!!!!