Legal Question in Criminal Law in California

seized evidence

after being arested on id theft charges and doing the time pleading to on ecount id theft one count rec stolen property(the things bought with the credit card) im trying to get back my personal things seized when they stormed my uhaul van.....i wasnt present at the time on seizier nor did they have permission---(probable cause) my question is this---they are saying my personal paper work (my file box...buissness acount info...personal finacial doc...ect....)is ''stolen property'' if it comes too it is the burden of proof on them or on me if the so called ''evidence was never used....anything having to do with the case i plead guilty too i dont want back but anything and everything that didnt have to do with that case .....what are there rights(the police departments) to withhold (the da released all property) what are my rights? thank you


Asked on 12/04/06, 10:37 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: seized evidence

Not sure of you present status..Probation?...Parole? nor if that status effects what you may possess.

Assuming that some/all of the items in question are non-contraband, your attorney needs to do a motion to return property the hearing of which the DA may oppose some or all of the items being returned to you.

Best

DJM

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Answered on 12/04/06, 10:42 pm


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