Legal Question in Legal Ethics in Wisconsin
The sheriff's department in Washington County WI took evidence from me and returned it to the wrong person...what can I do?
1 Answer from Attorneys
Unfortunately, I could not even begin to answer your question based upon the scant detail provided. However, the easy answer is that if your sheriff returned your property to the wrong person, you should go to that person and get it back. If this does not resolve your issue, feel free to provide some meaningful details, at which time I will be happy to answer your question. These details would include facts such as why the sheriff took these items from you; why you can no longer get these items returned to you; the timeframes between the taking, returning and claim; the reason why you can no longer get the evidence returned to you; what efforts you took to minimize your loss ("mitigation" of damages; a legal prerequisite to recovery in any claim); and finally; what your net out of pocket expenses for this entire sad mishap might be. You should be aware, however, that claims against governmental bodies are severely limited by very short time limits (four months or less) as well as numerous procedural pitfalls which can cause you to lose your case. One crucial bit of advice which I can happily give you without any reservation is therefore that you immediately should retain an attorney with extensive experience in litigation against WI governmental entities, since this is a highly specialized type of claim. My comments in this public forum do not constitute legal advice, nor do they create an attorney client relationship between us. Good luck!