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 Webisode 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 notwithstanding 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.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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