Legal Question in Criminal Law in California

seized ''evidence''

I was arrested several months ago and part of what the cops thought to be ''evidence'' was my cashed check of $1200.00 and new $500.00 cell phone. No charges have been filed, and although I went to the p.d. after being released (72hrs later), was advised to speak to arresting officer, left him a message to which he replied ''I spoke with someone up there and they think they may file on you, but I don't know what happens to the money if they dont but they may.'' So WHAT is the REAL answer? I faxd supporting docs as to the validity of the money source, however my phone calls now go unreturned. Is there a form I can file in court to demand the return of my property and cash? The arrest took place in Ventura County in May if this year. Oh, and NO receipt for the cash and phone was ever given to me.

This happens to too many people who just let it go, not wanting to hassle it, because the cops here will harass you, pull you over every other day and try to convince you that they have every right to go through your vehicle, all of its contents including purses, waste your time for an hour, then drive away. It has come to the point I will not drive at night AT ALL in this town.


Asked on 7/29/07, 6:54 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: seized ''evidence''

File your motion for return of property in court, and get counsel to help if you don't know how to do it yourself. Good luck if you have no receipt to prove ownership.

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Answered on 7/30/07, 12:58 am


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