Legal Question in Legal Ethics in California
Release of Evidence Laws?
My boyfriend was found not Guilty @ a jury trial . When aressted (a Detective 4 major crimes department) took $6500.00 cash & the 6 months rent $ we'd given up front to the owners of rental (we stayed 3 weeks prior the arrest )as evidence 4 the case mentioned above approx. $12,500 . My boyfriend is in prison for 3 years 4 charges in another County. I called the D.A. about releasing the evidence that I paid for our rent. I signed the money orders given to the Landlord.The D.A. told me to go to his office for the property release papers and he would sign and approve the release form needed to submit to the evidence department to have Money released to me . I called the Evidence Department for an appoint. & apparently the Detective that took the Money told her he was not going to give me the Money. My Uncle then called the detective. He(My Uncle) testified @ the trial about loaning me $8000.00 so I could get back on my feet .The Detective stated he was not goimg to give me or my honeythe money & told my uncle he didn't believe he'd given me the Money. When asked about what legal rights hehad to hold it he said talk to theD.A. & dont call again.The D.A.told me he'd still sign the release papers. What legal rights Do we have
1 Answer from Attorneys
Re: Release of Evidence Laws?
This is a complex area in which the rules as to releasing evidence are not always clear.
A lot depends on the District Attorney himself/herself.
Because your zip code indicates a Sacramento area address, I would first go to the phone book and look for Legal Aid help there, and hope that the local Legal Aid office can do something for you (some counties will only help with Civil Law).
If that doesn't work, e-mail my office and I'll try to help you further.
However, the D.A. can confiscate evidence that is used in, or is the result, of a criminal enterprise.
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