Legal Question in Criminal Law in California
Getting back Evidence
I'm a full time student who got mixed up in some things. Anyways, I've been out on $10k bail for 7 months now and haven't been charged with a crime. The reason they say is because they're wondering if it's going to be state or federal and my lawyer says it's best just to stay out on bail so they don't re-arrest and need to do bail again.
But my question is this. For 7 months they've had $10,000 worth of computer electronics (they took everything electronic I had ... desktops, laptops, small business machinery, very expensive photography equipment, etc). $5k of the stuff I had just purcahsed 2 or 3 days before being arrrested. I'm wondering how long they can hold onto the equipment and if there is any cutoff as to the life of evidence? They shouln't have a right to take everything of peoples without ever giving them back (especially the equipment not even involved with the suposid crime).
2 Answers from Attorneys
Re: Getting back Evidence
The items taken by the police are no doubt be held as evidence of the alleged crime. If you press the police to return any of the items they will have to decide whether or not to file charges. Your attorney who is familar with the facts in your case has advised you to wait. You should either take the attorney's advise or consult another attorney.
Re: Getting back Evidence
You should probably wait and see. If the possibly charges are misdemeanors, then they have one year to prosecute you for the crimes. After the one year, then you can have your attorney get your possessions back without any criminal repercussions, since the statute of limitations would have run. Furthermore, the police would have no use for the items, since it would be hard to show that it is needed as evidence in a prosecution.
Good luck.
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