Legal Question in Criminal Law in California

Re: arrested at store police went to house without search warrant seized everyt

The arrest or crime report goes from the police to the D. A. to review and file charges. Very shortly there should be charges filed by the D. A. or there will not be charges forth coming if the D. A. doesn't believe that matter is provable as a crime. If there are charges filed then ask the D. A. he/she may agree to release the stuff. If there is a trial all the stuff that isn't necessary can be released by the D. A. If there are no charges filed then the police may release the stuff without a court order. However, the D. A. can be most helpful in this regards by notifying the police they don't intent to file against your Mom.

I've not attempted to address the warrantless search. There may have been a warrant but it was not shown to you. Those issues are raised prior to trial by motion.

When charges are filed your Mom's attorney (private counsel or public defender) can help you recover the property.

Re: arrested at store police went to house without search warrant seized everyt

As Victor Hobbs points out, there are many options available to the cops and the prosecutor at this stage of the proceedings. My recommendation is that your mother hire a criminal lawyer to proactively look into the matter right now, rather than passively waiting for the prosecutor to act. The stuff that was seized may not be immediately returned, but an attorney may help you by obtaining information not otherwise available to you, and the attorney may be able to prevent or minimize the filing of criminal charges. Most criminal attorneys give free consultations. I suggest your mother have one. If she lives in LA, don't hesitate to call me for a free consultation. Telephone: (310) 393 0639. Good luck.