Legal Question in Criminal Law in Michigan

Retention of Evidence recovered

I left my pool stick in a bar after a match. The next week when I went to get it the bartender said she had put it aside for me. However, two days later the bar was broken into cash was stolen, and three pool sticks (mine was one). Later that night someone gave me a name of a person who just had purchased a stick resembling mine but, not in my case. I contacted this individual and he was very cooperative and met me with the stick he had purchased. It was my stick, but not my case, I returned the case to the proper owner. The next day the local law enforcement called me and I made a statement in regards to the above. I have heard since then all property was recovered. They are holding my stick as evidence, is there any law that will let me utilize my pool stick under a condition of returning it prior to the date of the trial? And if it isn't the person that I purchased my stick back from, is there a chance I will have to testify? Any assistance in this matter is appreciated. At this time no charges have been brought against me.


Asked on 1/15/98, 11:47 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

They've got your stick, you'll have to wait

I don't know of any law with respect to recovery by the rightful owner, pending trial, of items used in evidence, but my gut tells me that you'll just have to wait until resolution of the charges. You MAY be able to get it released earlier, however, if the parties stipulate that your pool stick was the one recovered, but defense counsel is not likely to do that unless it's part of a plea bargain. THEREFORE, no prosecutor in her right mind is going to let evidence walk out the door as if it's a movie rental because you "promise" to bring it back in time for the trial. Even if it belongs to you! Still, there is nothing preventing you from asking. Maybe they'll accept a picture of it. Now, will you have to testify? That is something only the prosecutor can answer. The problem is that you and the bar person are the only ones who can identify the property and the fact that it was left in the vandalized pool hall. All the bar person will be able to say is "Yeah, that looks like it." You are the only one who can say "Yeah, that's it." So, you should ask the prosecuting attorney what s/he is going to need and bargain with her/him from there. Good luck. would be interested to see how it turns out!

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Answered on 1/22/98, 1:41 pm


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