Legal Question in Criminal Law in Texas

Return of Confiscated Property

Can a county sheriff's department keep property seized when arrested even if it was not used in the crime? The case has been settled, citizen convicted and in prison. Parents have PoA and would like to pick up property. DA's office said they will not release it--sue them. They are keeping what is not theirs. Any way to get this property?

Thanks.


Asked on 12/17/03, 2:29 pm

1 Answer from Attorneys

Re: Return of Confiscated Property

I am presuming that you are talking about property in the possession of the Defendant when he was arrested. Depending on the type and characture of the property, and what the District Attorney's Office has done, if anything, regarding the filing of a forfeiture case, the attorney that represented the Defendant could file a "Motion to Return Property" with the Court of original jurisdiction over the case for the return of the property. If the Judge grants the Motion, the District Attorney's Office or the Law Enforcement Agency should be willing to give you the property with a properly signed Court Order.

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Answered on 12/17/03, 3:59 pm


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