Legal Question in Criminal Law in Maryland
confisgated things
if a home is raided for drugs and only parafinalia is found and they take your computer do they have the right to keep it if no one was ever charged?
2 Answers from Attorneys
Re: confisgated things
The short answer is "NO." However, the government may force you to hire an attorney to file a motion to return property. Some of the questions are--is there an ongoing investigation? Is there a less restrictive way to accomplish law enforcement's goal?
Often, an experienced attorney can contact the DA & Law Enforcement handling the case and negotiate the return of the property. Obviously, if the property sought to be returned is "contraband" then I wouldn't suggest you try to get it back...as the filing of the motion would indicate (in a stupid way) that you are the owner of the "illegal" property.
Give me a call if you have more questions or if you need to hire a lawyer.
Re: confisgated things
I am not sure that i understand your question, if it is in PA, and if the gov't refuses to give you your stuff back you can eventually file a motion in the court of common pleas asking for a 'return of property.'
Feel free to email or call, [email protected], 215.825.5183. Good Luck. Brian.
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