Legal Question in Criminal Law in California

Penal Code 1538.5 allows the judge the power to order the return of such property. The judge will usually ask the DA if he or she will stipulate to the return of the property, so it is prudent to ask the DA to so stipulate to the property's return. I trust your case is resolved if you are asking for the property back. If your case is not resolved, it will be very tough to get the property back. Be sure to check, too, with the police agency holding the property about any type of form you must fill out to request the return of the property. Otherwise, your failure to assert this request may be deemed a waiver or abandonment of the property if not asserted within a certain time.