Legal Question in Criminal Law in California
Rights to reclaim property taken during search warrant
Authorities ''assumed'' I was involved in a case embezzling $120,000. They somehow obtained a search warrant, took numerous items including my recently FINANCED vehicle-which I still owe $10,000 in payments on, all my cash in my home, and even the cash from my husband's pockets-his disability check(He is disabled, in a wheelchair), even though my husband was never even implicated in the crime. I was arrested, but released within 48-hours because there was no charges filed and no evidence was found or produced proving my involvement...I want my items back!!! Particularly my vehicle and our cash ($2,600).
I called the arresting officers and was told that they have a year to file charges, and that until they decide whether or not to do so- I am without my stuff!!! I KNOW there is no evidence against me. How do I get my stuff back?
2 Answers from Attorneys
Re: Rights to reclaim property taken during search warrant
You need to obtain representation. An attorney may be able to informally resolve the matter with the D.A. If unsuccessful, a writ may have to be filed. Please call me at (619) 22-3504.
Re: Rights to reclaim property taken during search warrant
The police have longer than a couple of weeks to investigate a simple crime. However, a year for the police to investigate is way too long for this charge. This is not complex litigation.
The police should complete their investigation in a month and with a little leeway a two-month period is sufficient. Remember after their investigation they have to file with the D. A. who then files the charges with the court. I'd then ask the police to return the evidence or at least as much as they do not need. Do it in writing. If you engage them in conversation, they can use that later. How, when you're innocent. Many things that we say in casual conversation can be taken two ways. And with a little misquote by the police it can be very incriminating.
If charges are filed then have your attorney go through the D. A. to recover what isn't necessary to conduct a trial.
If the evidence is held longer than two months with no charges filed then you'll simply need to be persistent and polite. The police have to store and account for this stuff. So at some point they'll want to return it.
Hopefully, you've got a receipt for the cash.
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