Legal Question in Criminal Law in California

The feds want to wipe all my digital equipment before returning it although they found no evidence on anything. Can they legally do that?

I was accused of making over a million fraudulently several years ago. I was found incompetent to stand trial. The case was closed. For a long time the feds refused my requests to have digital property returned and were still trying to investigate me telling me "my case had not been dismissed." True, but the case has been closed. They have learned that I have launched a fund-raising campaign to possibly sue them for this and the federal government for several other violations of my rights they thought they could get away with because they assumed I was a stupid mentally ill person. I might be mentally ill but I am not stupid. So they learned about my fund raiser and I get an email saying they can return everything but they have to Wipe all the digital equipment or destroy it - my chose. Is that legal? They found no evidence because there was no evidence. Should I tell them to go ahead and wipe the stuff and returned it or should I talk legal action to have my digital devices returned unmolested. Please let me know. Thank you.


Asked on 3/16/17, 12:29 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You are not going to get 'legal advice' here, only informal guidance based on your statement. Sounds like their proposed 'wiping' could be challenged in court as part of an action for return of property. If the court were to agree that the equipment was no longer needed as 'evidence' in a pending investigation or case, you should be able to get an order for undamaged return, unless the feds claim the info on it is somehow 'contraband' or to be used in a further crime. If serious about hiring experienced counsel to review the case, documents and evidence to determine a 'legal opinion' on your claims, if the case is in SoCal courts, feel free to contact me at 7149607584.

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Answered on 3/17/17, 7:58 am


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