my money is being held by the police what lawyer do i need

If the property is being held as evidence for investigation purposes, or is being held for safekeeping, you may need a letter from the District Attorney or an Investigative Officer in order to have the property released.

Full Answer

Can a police officer take cash from an accused person?

If the accused person is believed to have involvement in drugs, anything could be taken through a search or with a search warrant. With proper procedure and the right circumstances, law enforcement officers are capable and permitted to retain items to include cash.

Can a police officer seize money?

In some circumstances, an officer of the law may seize money the person targeted has in his or her possession. This could be cash or other items that may be cashed through a financial institution. Many instances of seizure are due to suspected drug trafficking, possession or distribution.

How do I obtain money taken through police actions?

Obtaining money taken through police actions depends on why it was taken. Contraband is not returned through normal procedure. If cash seized is for evidence, a release is required from the prosecutor. For other issues, police should be contacted directly.

Can law enforcement officers retain cash?

With proper procedure and the right circumstances, law enforcement officers are capable and permitted to retain items to include cash. If for any reason there is no receipt provided through these actions in order to retrieve the money taken, a lawyer should be consulted immediately.

Why is money kept in law enforcement?

In these situations, the money may be kept by the law enforcement agency due to the unlawful nature in which it was obtained initially. Cash could also be removed through the knowledge that it was intended for use to purchase drugs, for exchanges involving drugs or for illicit gambling activity.

How to get money from police?

If cash seized is for evidence, a release is required from the prosecutor. For other issues, police should be contacted directly. Any items including money held for safekeeping purposes may be retrieved through the receipt provided by law enforcement when the property was searched with a warrant. This could be at the police department where the person was initially taken after being arrested and charged, or the individual may need to travel to the clerk’s office. Verification of the identification of the previously accused and the paperwork are often all that are needed to release the money.

What is a receipt for a search warrant?

The law enforcement officers are required to fill an itemization of all items taken during the seizure through a search warrant.

Why do people have to have a receipt when they are arrested?

Various factors of the arrest, charges and case may cause difficulty in retrieving possessions and money. There are steps a person may take in order to re-obtain money that has been earned in one fashion or another. A receipt should have been issued to the arrested individual as required by procedure. This piece of paper explains all items taken and placed in police custody when removed through a warrant.

Why do police take money?

There are other reasons police officers may take property or money from a person. This could be for reasons of keeping the items safe. This is to prevent others from stealing these possessions. Usually, this is an action taken when money or monetary valuables are in danger of being taken by thieves. This could be if the person is arrested, in danger or possibly if taken to a safe house. Instances may include impounding vehicles to prevent damage or theft of the car while the person is in custody for a crime. Another seizure of money may be completed due to the suspicion that it was earned through criminal activity. In these situations, the money may be kept by the law enforcement agency due to the unlawful nature in which it was obtained initially. Cash could also be removed through the knowledge that it was intended for use to purchase drugs, for exchanges involving drugs or for illicit gambling activity.

What happens when you are arrested?

In many instances of an arrest, law enforcement officers seize property, money and possessions. It is often difficult and time-consuming to regain these items even after the arrest has been completed. Various factors of the arrest, charges and case may cause difficulty in retrieving possessions and money. There are steps a person may take in order ...

Why is cash taken?

This could be cash or other items that may be cashed through a financial institution. Many instances of seizure are due to suspected drug trafficking, possession or distribution.

Do police departments have immunity?

Police departments have immunity from these types of suits. Courts have ruled they have no obligation to the public to investigate or make an arrest.

Can you sue someone for an attack?

However, if you could determine who it was that attacked you, you could sue them for the costs incurred as a result of your injuries. If the police won't tell you who that...

Why is it important to contact a criminal attorney?

It is very important that you contact a criminal attorney if you think you might have a claim against a police officer or police department. It is critical that you gather and preserve as much evidence as possible. An experienced criminal attorney can assist you throughout the entire process, from gathering evidence and interviewing witnesses, ...

How to be successful in a lawsuit against the police?

In order to be successful in a lawsuit against the police, it is important that you have taken to protect your rights in court. First, save any evidence of police misconduct. This might include photographs or video, eyewitness testimony, or medical records if you suffered physical injuries.

What happens if you sue the police?

If you are successful in a lawsuit against the police and prevail at trial the available damages depend on the circumstances of the case: Economic Damages: if the court found that the police were guilty of misconduct, the plaintiff might be awarded economic damages to compensate for financial losses.

What is a successful police harassment lawsuit?

Harassment: A successful police harassment lawsuit requires evidence of a pattern of behavior on the part of the police officer or department. Harassment can include a variety of behavior on the part of the police, including illegally spying or surveilling, racial profiling, or making sexist, racist, or homophobic comments.

What is the basis for a lawsuit against a department?

It is necessary to prove that the conduct that is the basis for the lawsuit against the department is part of a pattern of harassment, discrimination, or excessive force. Without evidence of a pattern of misconduct, a lawsuit against the department is unlikely to be successful. Find the Right Criminal Lawyer.

What is the purpose of a police officer's lawsuit?

It is intended to deter the officer from engaging in the behavior again. Police officers have some defenses available to them if they are sued. If the lawsuit is based on an allegation of excessive force, the officer can claim that their actions were reasonable based on the behavior of the plaintiff.

What are the rights of a person who is interacting with the police?

Any person interacting with the police is protected against violations of their civil rights. They have the right not to be harassed, discriminated against, or assaulted. They are protected from the use of excessive force and unreasonable search or seizure. When filing a lawsuit against an individual police officer, ...

How to get your property back from the police?

Getting your property back from the police is as simple as asking for it and producing your receipt and photo ID. In some states, you might also need a release from the district attorney's office; call the office at the end of criminal proceedings to request this document. The catch is that there's a ticking clock – in some jurisdictions, you have a limited number of days to request the return of your things after the criminal case ends. In New York City, for example, the period is 120 days after the termination of criminal proceedings. If you don't claim your property in this time, the police have the right to dispose of your items.

What to do if a prosecutor refuses to release property?

If the prosecutor refuses to grant a property release and there's no obvious reason why the items are still needed as evidence, the only option is to file an administrative petition with the court. This isn't a legal tool for the average citizen to use on her own, so you will need to hire a lawyer. The judge will hold a hearing to figure out why the property is still in custody and what should happen to it going forward.

What is a receipt for a search warrant?

You'll Get a Receipt. Whenever the police take property into evidence , they provide you with a receipt listing all the items they have in their custody. When the police seize evidence during a search, the receipt is called a "search warrant return.". The return lists all the items taken, including the date of seizure, ...

How long do you have to return a property after a criminal case?

The catch is that there's a ticking clock – in some jurisdictions, you have a limited number of days to request the return of your things after the criminal case ends. In New York City, for example, the period is 120 days after the termination of criminal proceedings. If you don't claim your property in this time, ...

Is property seized as evidence?

About Property Seized as Evidence. Unlike property seized as contraband, property seized in evidence is not confiscated from the owner. Rather, it remains in the safe custody of the police and the district prosecutor until the criminal case is over.

Do police seize evidence?

The police might seize all sorts of evidence in a criminal investigation, from the accused's own property to that of his family, employer and even the victim – the owner does not have to be charged with a crime to have his phone, gun or other property held. You are always entitled to your property back when the case if finished.

What happens if you can't afford an attorney?

In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

Where is the defendant taken to?

The defendant is taken to the police station and booked.

What happens if a bail bond company fails to appear?

Again, if the defendant fails to appear when required, the bail bonds company can go after you for the collateral to repay its payment to the court.

What happens if a defendant accepts bail?

After booking, the defendant may be offered to option to pay bail based on a schedule of common crimes—for example, $500 for a nonviolent misdemeanor. If the defendant accepts this option and pays bail, the defendant is released.

What is bail in court?

Bail is security (money or property) that a defendant posts with a court . The payment does two things: It grants the defendant freedom (at least until the date of trial); and it discourages the defendant from skipping town (or the trial).

What happens if you post bail?

There are additional financial costs and risks if you use a bail bond service (see below). If you post bail for someone, you might also have to answer questions in court as to the source of the money used to pay bail.

Do you need an attorney to post bail?

No, an attorney is not needed to post bail or to get a defendant out of jail. However, a defendant charged with a crime that results in a prison or jail term is entitled to counsel. And a defendant being questioned about matters relating to an alleged crime may request an attorney be present. In these situations, if the defendant cannot afford an attorney, the court will appoint one. ( Read more about criminal defense counsel .) The advantage of retaining an attorney at the time of arrest is that the attorney may be able to get the bail reduced or get charges reduced (resulting in lower bail).

What items can be returned to the police after arrest?

Common items include cash, weapons, and drug paraphernalia. Safekeeping: This is property that the arrested person may have on their person at the time of arrest. If it has nothing to do with the commission of the crime, it can usually be returned at the owner’s request, provided they display identification and an invoice receipt.

What happens to items seized by police?

Generally speaking, when the police seize a person’s property, it is up to the property’s owner to prove that the property was “innocent.” What this means is that the property was not linked to any crime.

Why do police confiscate property?

Common reasons that police may confiscate personal property include: 1 Evidence/Investigation purposes: Using property as evidence in a criminal trial is the main reason why property is confiscated. If the property will be used as evidence in trial, it will usually be held by authorities until the case is concluded. It may sometimes be signed in and out of a log for use in the trial. 2 Contraband: Property that is illegal to own is known as contraband. Seized contraband is usually held as evidence and then destroyed after its use in court. 3 Forfeiture: This is property that has been seized because it is the proceeds or an instrumentality in the commission of a crime. Common items include cash, weapons, and drug paraphernalia. 4 Safekeeping: This is property that the arrested person may have on their person at the time of arrest. If it has nothing to do with the commission of the crime, it can usually be returned at the owner’s request, provided they display identification and an invoice receipt. Items that are commonly kept for safekeeping include jewelry and clothing that the person was wearing during the arrest.

What do you need to bring to the property clerk?

You will need to present the clerk with valid identification, as well as the corresponding property voucher, in order to retrieve your property. You might also be asked to provide additional information, such as:

Why is property confiscated?

Evidence/Investigation purposes: Using property as evidence in a criminal trial is the main reason why property is confiscated. If the property will be used as evidence in trial, it will usually be held by authorities until the case is concluded. It may sometimes be signed in and out of a log for use in the trial.

Where is confiscated property taken?

Once an arrest has been made, confiscated property is usually taken to the police department where it will be filed and catalogued by a clerk. The clerk will then issue a “property voucher” to the owner of the confiscated items.

Who is Ken from LegalMatch?

Ken joined LegalMatch in January 2002. Since arriving, Ken has worked with a wide assortment of talented lawyers, paralegals, and law students to grow LegalMatch's Law Library into a comprehensive source of legal information, written in a way that is accessible to everyone. Prior to joining LegalMatch, Ken practiced Law for four years in San Francisco, California, handling a wide range of cases in areas as diverse as Family Law (divorces, child custody and support, restraining orders, paternity), Real Estate (property ownership, landlord/tenant disputes for residential and commercial property), Criminal Law (misdemeanors, felonies, juvenile, traffic infractions), Personal Injury (automobile accidents, ...

Can police take money from someone who is a defendant?

Unfortunately, when the police take money from an individual that later becomes a defendant, there are various sections in the law that allows them to forfeit (take) your money. If they are going to attempt to take it they will have to send you notice and allow you time to claim those funds.

Can police take your money?

Unfortunately, when the police take money from an individual that later becomes a defendant, there are various sections in the law that allows them to forfeit (take) your money. If they are going to attempt to take it they will have to send you notice and allow you time to claim those funds. In the case of a forfeiture because the police claim "its drug money" you can defend yourself by providing information about the...

What do you do when you are arrested by police?

When police arrest and take a person to jail, the arrestee must hand over their personal effects, including their clothing and anything in their pockets, purses, and bags. Jail personnel will place these items into a locker or storage room for safekeeping and should give arrestees an inventory (receipt) of everything taken.

What do you do when you are arrested?

These items put into a locker or storage room for safekeeping. The jail personnel should give arrestees an inventory of everything taken , described sufficiently to enable identification. Authorities defend this practice as a way to ensure that weapons or contraband do not enter the facility, and to lessen the chances that belongings will go missing.

What is forfeiture law?

Forfeiture laws allow law enforcement to seize and sell (for their benefit) items such as cars used to commit or flee a crime. Police can also keep cash that represents the proceeds of a crime (say money from drug sales). When property is subject to forfeiture, time can be of the essence. Forfeiture can happen even before the owner has been charged with a crime, let alone convicted.

What happens when police confiscate property?

When police seized property used or involved in an illegal activity, state or federal law often allows the government to take the property and start forfeiture proceedings. If successful, the forfeited property becomes the property of the government—meaning the owner will not get the property back, even when the case is long over.

What happens to personal property in police station?

Personal property can end up in the police station evidence locker even when it was not owned by the person arrested for the crime. For example, the clothing of a sexual assault victim may contain evidence of the attacker’s bodily fluids that, when tested, can be compared to the defendant’s profile. The prosecutor will keep it for that reason. Or, if you’ve been robbed of your cell phone, that phone might eventually be shown to you in court when you’re asked to identify it as yours (earlier, the arresting officer will have testified that it’s the phone he found when he searched the defendant upon arrest). Again, a homeowner’s burgled property won’t be returned to him until the case is definitively over (post-appeals).

Why do police keep defendant's clothes?

The defendant was arrested a few hours later because his clothes matched the victim’s description of the suspect’s garb . The prosecutor will want to keep the defendant's clothes in order to present them in court as evidence that the defendant was the assailant.

What happens if the government doesn't return property?

If the government fails to return the property, the owner can file a motion in court seeking the return of the property. A person might even ask the court to make the government return the property earlier on the basis that the government doesn’t actually have a need for it (for instance, the government can’t keep the property merely because it might be relevant to a future investigation).

What to do if someone steals your money?

If someone has stolen money and you want him held criminally responsible – and hopefully return the money – you normally need to contact the police to file a complaint. This includes filling out a police report and presenting the evidence that you have. If the stolen money wasn't yours, a less-effective option is to contact the police anonymously.

What to do if you get stolen money?

If the stolen money wasn't yours, a less-effective option is to contact the police anonymously. In the U.S. judicial system, a third option is to file a civil suit, which won't result in charges, but may get you your money back.

How to report a theft to the police?

Filing a Police Complaint. To report a theft that has already happened, the best way to contact the police is to call them using a non-emergency number . In many regions you can simply dial 311 and tell the operator you want to report a theft. In most cases, the police will come to you, although if you are a witness, ...

How to contact the police anonymously?

To contact the police anonymously, you can call their non-emergency number, write a letter or send an email to them. Some police forces have an anonymous tip line or email system, like crime-stoppers.org used by the Houston Police Department.

How much is a small claims court?

In many areas, small claims court is for cases with an amount in controversy of less than $5,000 to $15,000. You should contact a lawyer before pursuing a legal case against the thief. References.

Where to file a private criminal complaint?

Some jurisdictions give you the ability to bypass the police and file a private criminal complaint directly with the court or district attorney's office. In Philadelphia, for example, you can file a criminal complaint with the Office of the Philadelphia District Attorney for a theft under $2,000.

Can you report a crime anonymously?

Reporting the Crime Anonymously. If you do not wish to be involved in an investigation or the subsequent trial, you can report the theft anonymously. Anonymous complaints can alert the police that a crime may have occurred; however, they cannot be used to detain or arrest a suspect or to search his personal property.

Risks

Examples

Causes

Administration

• Before a citizen can proceed with suing a police officer, they must first go through the appropriate administrative channels. Most states actually require this prior to filing a lawsuit. Administrative law governs the activities of governmental agencies, and could include reporting the incident to the police departments division of internal affairs...

See more on legalmatch.com

Issues

Significance

Prognosis

Effects

Uses