Detroit, MI asked in Criminal Law for Virginia

Q: Arrested for larceny charges dropped do I get what police took back in west Virginia

It was dropped next day

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1 Lawyer Answer
Thomas H. Roberts
Thomas H. Roberts
  • Criminal Law Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: Your question is not clear --- assuming that you are asking "When the state drops the larceny charges, can I expect the police to return the "evidence" my belongings to me at that time?" Under Virginia and federal law, the state cannot take property from you without compensation. However, they situations come with many facts --- for instance, if you were charged with stealing the supply from the local crack dealer but for reasons unknown the state decided to drop that charge, it is not likely that they will be returning the crack or paying you for the crack. (A fuller legal explanation would take too much time, but most people intuitively understand that scenario). In another situation, the state may drop the charge with the intent to charge you in the future or because the feds are going to take up the charges --- again, in those circumstances, you should not expect the return of "what the police took"

Short overview - you should expect/demand the return of your property, provided it is not contraband or the property of another.

The response above is a general statement of law and is NOT intended to be legal advice to you nor does it create an attorney-client relationship which is expressly denied.

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