Legal Question in Criminal Law in California

when and how do I get property returned that was seized

i'm being charged with criminal conspiricy but my case is still in review;nothing filed yet. how long before i can get my property returned that was taken? and how do I go about getting it returned? how long can my review go on before it will be dissmissed?


Asked on 1/08/06, 6:50 pm

1 Answer from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

Re: when and how do I get property returned that was seized

I've represented people in your position many times and the short answers to all your questions are: it depends on many factors. The prosecutor has up to a year to file the case if it is a misdemeanor, and up to 3 years (generally) if it is a felony (yes, there are both kinds). So the review has no specific time limit other than those, but in my experience, the prosecutor will decide much sooner than that. And, depending upon what kind of property was taken, it may be possible to get it (or some of it) back right away, or not, depending on many factors. How can YOU get it back? The first thing you should know is that if you make inquiries about getting your property back, you run the very serious risk of talking to a prosecutor or cop who will very likely try to get potentially incriminating information from you as you try to get your property back. They are professionals, you're an amateur. Your best bet is to hire an experienced criminal lawyer (a professional, too, like them) who knows the system and can insulate you from giving admissions or confessions while finding out what's going on, how long it is likely to take, and what is likely to happen with the charges and the return of your property. If you'd like to speak with me about these issues, feel free to email me and we can set up a meeting. Good luck.

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Answered on 1/08/06, 9:13 pm


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