Legal Question in Criminal Law in California

Case dismissed

My house was raided almost 3 years ago and I was arrested for Possession with intent to sell. I am innocent, plead not guilty. and had been going to court since. My jury was chosen, and my trial was suppose to start the following Monday. Before I got to court that morning my attorney called me to tell me he would see me at court but the DA was dismissing the charges. He said the cops informed him that the evidence had been detroyed. I would probably have to say, because all this time they never had any. Anyway, my question: They took my money that I had toward my rent,($397.00)is there any chance of them, (the cops)returning my money to me since my case was finally dismissed? I know they can't say they distroyed my money. Isn't that against the law? Destroying government property? After bail, my attorney, losing my job, and my place of residence through all of this, I sure could use $397.00. Could someone PLEASE let me know if there is anything I can do to get it back? Thank You


Asked on 8/14/03, 9:11 am

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Case dismissed

Thank you for your posting and your inquiry.

Typically, at the court date where you received the dismissal order from the judge, you would enter into a stipulation for return of property. The prosecution has to sign this (and in so doing they are agreeing not to re-try this case), and it also must be signed by the judge, or entered as a minute order. Once this is done, it is taken to the police station, and with that court order, you can get your property released to you.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 8/14/03, 3:41 pm


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