Legal Question in Criminal Law in Texas

Time limit on items siezed

I was arrested on a Assault with a deadly weapon charge. That supposedly happened a month prior. I was in the process of moving, and my truck was loaded with clothes and etc. Along with two hand guns being transported to my new house. I stopped and was helping a broke down vechicle on the side of the road, when a sheriff dept. car pulled up. Ending up wanting to see our licencee. That was when I found out about the warrant.(issued earlier the same day) I gave him the ok to search my truck after telling him I was moving, and about the two pistols in the back seat. He took them, arrested me. And allowed a friend to drive my truck to his house.(instead of being towed). I was bailed out the next morning. This all happened over a year ago. And havent heard nothing else about it. Is there any paperwork, I should have recieved on the items they took ? And is there any time frame for them to do it in ? I didnt even know they took the pistols from my truck until I notice them gone the next day. I called and inquired about it. And he informed me they kept them. What do I need to do ?


Asked on 11/21/04, 7:06 am

1 Answer from Attorneys

Lee McMillian Law Offices of Lee MCMillian

Re: Time limit on items siezed

If it has been that long, you need to hire a lawyer to file a writ of habeas corpus to get the case dismissed, and get a court order to return your property after that is done.

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Answered on 11/21/04, 2:23 pm


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