Phoenix, AZ asked in Criminal Law for Arizona

Q: I was arrested for theft by fraud , but wasn’t charged .They confiscated cash from my paycheck I had can I Get it back

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1 Lawyer Answer
Andrea Short
Andrea Short
  • Criminal Law Lawyer
  • Phoenix, AZ

A: Hello! Getting arrested for fraud/theft is always going to be a sticky situation because there are so many factors that will contribute to the type of legal advice I can give.

First and foremost, I recommend speaking with us to have a free consultation so we can go over the specifics as it is not a good idea to post any more about your situation online.

Secondly, I can give some general advice about what usually happens in these situations. The fact that you were arrested and not charged is very common. It is very likely that this all is not just going to go away. What is commonly happening these days is the charges are being submitted to the prosecutor after you have been released so you will be charged at a later time. Likely the prosecutor will have 7 years to decide to charge you based on the amount that was supposedly taken and if there are other felony charges they can combine with this event. This is another reason to have a consultation.

Finally, the best advice I can give is that if the money that was in your paycheck was actually obtained by theft or fraud, then I highly recommend not trying to get it back. Getting it back could only be used against you in a negative way. Conversely, if the money was actually yours and this whole thing is just a big misunderstanding, then absolutely, you should be contacting the police department that arrested you and request your property back.

Once again, probably best to have a consultation and hire us for a pre-file case representation so we can do some of the heaving lifting for you and protect you from getting in trouble twice.

Zachary Divelbiss agrees with this answer

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