Brooklyn, NY asked in Criminal Law for New York

Q: What should I do?

I was recently falsely arrested for criminal possession of a weapon. While waiting to be seen before a judge, I was released because the D.A chose not prosecute. Upon arrest the officers seized property even though it wasn’t categorized as arrest evidence, instead the officer categorized it as investigatory. I was told that only the arresting officer can change it because no D.A release is needed, yet when I go to the precinct they say otherwise. What should I do?

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1 Lawyer Answer
Michael Arbeit
Michael Arbeit
  • Criminal Law Lawyer
  • Freeport, NY
  • Licensed in New York

A: If the police department refuses to return the property (that is legal), you may have to file an Order To Show Cause in Supreme (civil) Court to force them to return it.

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