So you were arrested and your personal property (a car, a watch, cash, a gun, a phone, a laptop, etc) was impounded by the cops and now you want to know how to get it back. Well, the answer is simple: You ask… in a manner of speaking. The mechanism by which to seek return of personal property is to prepare, file, serve and litigate a formal “Motion for Return of Property, but before that can be done an initial assessment of the nature of the hold is necessary.
If your property was impounded “just because”, and if it is not contraband, then you should be entitled to it’s return. However, if the property is being held for a legitimate evidentiary purpose or for purposes of the government seeking forfeiture then you are not necessarily entitled to it’s return and will have to fight to get your stuff back.
The issue of forfeiture will take up it’s own Werbisode but suffice it to say that in the case of forfeiture the government seeks to convert title to the property from you to the government. This triggers a series of statutory requirements and constitutes it’s own separate and unique civil (independent of your criminal case) lawsuit and the property will not be returned until after that civil case has run it’s own course. However, in the case an evidentiary hold there may be legitimate and reasonable arguments to be made for return not withstanding the State’s claim of needing to keep the item(s) for evidentiary value. Each circumstance must be independently considered, evaluated and, where appropriate, litigated.
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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