what kind of lawyer do i need to get property returned from police

Full Answer

Can I get my property back if law enforcement takes it?

If law enforcement took custody of your property—whether it’s a phone, car, jacket, or firearm—you’re likely very interested in getting it back. Whether you will be successful and how quickly depends on what the property is and why the authorities have the item.

What can the police do with your property?

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 should I do if police seize my property?

If police seized your property, speak with an attorney about your options to get your property back. Your attorney can review your specific circumstances and help develop a strategy aimed at getting back your property.

What to do if someone refuses to return your property?

This could be through a demand letter or through less formal procedures. A demand letter is a letter that summarizes your claim and the relief you are seeking. If the person still refuses to return the property, then consider filing a civil suit. Remember, breaking into the person's home to take back your property is never a solution.

What to do if someone has your belongings and won't give them back?

File a Civil Lawsuit As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform with the requirements before you file your case. This will likely be a tort claim for restitution or a claim for conversion.

How do I get my property back from the police in California?

Legal Motion – A formal written request filed in conjunction with a criminal case, including a request for a court order directing the law enforcement agency to return the property. Writ of Mandamus – A legal “writ” filed in a California court seeking a court order for the return of seized property.

How do I get my property seized back from the police UK?

If the Police are not assisting you, you can make a compliant to a senior police officer, such as the Inspector for your local police station. You could also visit your local magistrates court and make an application for your property to be returned. Please contact 020 7624 7771 and we can advise you of our charges.

How long can police hold evidence without charges UK?

For cases which can only be heard in the Magistrates Court the police have a time limit of 6 months from the date that the offence took place to start proceedings against a defendant (S. 127 (1) Magistrates Court Act 1980). For all other offences the police essentially have an unlimited time to investigate the case.

How do I claim my property back from the police?

Make contact with the Officer (officer in case) who dealt with the investigation before you attend any Police Station and try to collect your property. Find out the Officer's email address or mobile number.

How long does it take to get property back from police?

28 daysThe police will hold your property until all relevant matters have been dealt with. Once the letter of authorisation has been sent to you the general procedure is for them to wait 28 days for you to collect your property or for a response either by telephone or in writing.

What is the police property Act?

The Police (Property) Act 1897, as amended by the Police (Property) Act 1997 allows regulations to be made in relation to the disposal of property that has come into Police possession.

How long will police keep my phone?

If the police do find evidence on your phone, they will likely keep it until the conclusion of any trial that may take place – this can take months or even years depending on the circumstances. If you are unsure about the status of the investigation, you will need to speak to the police officer in charge of the case.

How long does it take to get a no further action letter?

This whole process can be done between 4 and 6 weeks with the cooperation of the seller.

How much evidence is needed to convict UK?

5. The burden of proving the guilt of the defendant lies on the prosecution, who must prove the particulars of the offence beyond reasonable doubt; the jury or magistrates should only convict if they are sure of the defendant's guilt.

Can police remotely access my phone?

If you are syncing your images, documents and contacts using any cloud services, the police can use 'cloud extraction' tools remotely to access this information without your authorisation or knowledge, or they can make a legal request to the cloud service provider.

How long can police investigations last?

In a routine or less serious case you should expect to hear form the police within 2 to 3 months but in more complicated cases where the police need to obtain statements, forensic evidence, CCTV or expert reports to prosecute you then this could take several months.

How To Get Back Seized Property

Can I Get My Property Back From the Police? Recovering Seized Property in New Jersey.

How Do I File The Forms

Your next step is to file the original of your Complaint with the District Court. The clerk will need your completed Summary Sheet, as well. You must pay the courts filing fee at this time .

Passports And Driving Licences

If you are reporting a lost or stolen foreign national passport, please visit your local police station in person. Please check station opening times here before you attend.

Will I Be Asked To Pay All Of The Court Costs

Yes. If you can’t afford to pay the filing fee or the costs of service, however, you can get a form called Application to Proceed Without Payment of Fees and an Indigency Affidavit. Get these forms from any District Court clerk, or get them online . Fill them out and return them to the clerk. Your signature on the Affidavit form must be notarized.

This Information Was Last Updated: 17 April 2015

You are always entitled to your property back as long as it is not an exhibit, illegal or evidence in a case against you. The common problem is when are you entitled to get it back.

There Are Two Types Of Property That Can Be Taken From You When You Are Arrested

The property in your immediate possession for example personal items such as your lighter, wallet or purse, etc. If the police find the property holds no evidential value to your case it will be returned to you as and when you leave the police station. No illegal substances can be returned to you.

What Happens To Items Seized By Police

What happens to items seized by police is determined on a case by case basis. Generally speaking, when the police seize a personâs property, it is up to the propertyâs owner to prove that the property was âinnocent.â What this means is that the property was not linked to any crime.

Matthew Baum

When you find undercover police staking out your house you really need to get a lawyer to assist you right away. Based on their searches and their ability to get a warrant it's pretty obvious that the police think you or your roommate are up to something.

Frank Mascagni III

You need to hire a competent criminal defense attorney to discuss the facts, review the search warrant, affidavit and items seized log, to assist in getting your property returned. Counsel can contact the lead officer to see if charges are forthcoming, and if so, what property can be released...

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.

Can police take property?

Police and other law-enforcement agencies will sometimes confiscate property . This often happens during the course of an arrest for a crime. However, law-enforcement can take property in other contexts as well.

Does Spolin Law take property?

Spolin Law P.C. does not take any portion of property recovered for clients. The firm charges an hourly rate for work done, which is billed against a retainer deposited by the client at the beginning of the case.

What happens if you take Andrew Tyler Velonis to court?

Once she sees that you are taking her to court, she might return your property voluntarily.

What form do I use to file a writ of possession?

Secondly, the remedy is to file an "application for writ of possession" on form CD-100. The law which enables you to file such an application is based on CCP Sec. 512.010. Good luck.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

What to do if someone refuses to return property?

If the person still refuses to return the property, then consider filing a civil suit . Remember, breaking into the person's home to take back your property is never a solution.

What do I need to do to get my personal property back?

As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform with the requirements before you file your case. This will likely be a tort claim for restitution or a claim for conversion.

Can you file a conversion suit against someone?

You can file a conversion suit to reclaim the value of your property when someone else, without your consent, either damages or fails to return it. You can also sue for negligence or other cause of action as it fits your case.

What to do if someone is the photographer?

If "someone" is the photographer, it is not clear that the footage is your property or that you have any right to such return. If you are the "photographer", you likely do. Your remedy is to file a suit for conversion of property with a request for expedited hearing and an order that they be returned.

When is it appropriate to file a police report?

Filing a police report is only appropriate if a crime has been committed, and I would need to know far more information about the facts and circumstances before knowing whether a crime was committed. Often situations like this arise when there is a dispute over one of two things---authorship or money. As someone who occasionally handles...

Is it a police matter if someone steals your home?

It depends. If the other party has a potential claim to the material and didn't actually steal it from your home (or something similarly nefarious) then it's not really a police matter, but a civil one. As the prior poster said, hire a good lawyer and send a demand letter requesting the return of the material.

Can a police report get you back?

It is unlikely filing a police report will get you very far unless the holder of the property didn't come into possession lawfully. If it's a cameraman, editor or other worker on the film, they probably won't do anything. A strongly worded demand letter from your lawyer might get you the footage back...

How to get your property back?

The second way to get your property back is to file in the District Court a "Complaint for Summary Proceeding to Recover Personal Property. ”. A hearing can be held as soon as seven days after the complaint has been served on the person who is holding your property. If you win, the judge will order that your property be returned.

What to do if defendant shows up in court?

If the defendant does show up, the judge will first ask you to tell him what the case is about. You should explain clearly that you own certain property and that the defendant has it and will not give it back. If you have receipts or other papers showing that you own the property, show them to the judge.

How long do you have to give notice of summary proceeding to recover personal property?

You must give this notice at least 7 days before a court hearing. You do this with a Summons. First call the court clerk for the District Court where you will be filing your case. Tell the clerk that you will be filing a Complaint for Summary Proceeding to Recover Personal Property and need a court hearing date.

What to do if you have witnesses who can testify?

If you have brought witnesses who can testify that they have first-hand knowledge that you own the property, ask the judge to allow them to testify . You can then ask your witnesses to tell the judge how they know that you own the property. The Defendant can ask you or your witnesses questions.

How long do you have to serve a complaint?

Explain where and when the defendant might be served most easily. Also, remember to explain that the papers must be served at least 7 days before the date of your hearing. A deputy hand-delivers copies of the Complaint and Summons to the defendant.

How to get court papers if you are out of state?

If the defendant is out of state, ask your local county sheriff to give you the address of the sheriff's department in the county where the defendant lives. Then hand-deliver or mail your court papers to the sheriff. Explain what you need to have done. Explain where and when the defendant might be served most easily.

How to get a sheriff's bill without payment?

If the Court approved your "Application to Proceed Without Payment of Fees,” you can send the sheriff's bill directly to the District Court for payment. Ask the clerk for an "attested" copy of the judge's order waiving your fees. Give it to the sheriff when you deliver the papers for service.