Visalia, CA asked in Criminal Law for California

Q: how can I get my phone back?

The police took my phone as evidence 5 months ago when they arrested me. I got out of jail 3 days after being arrested because the charges were declined. They have not given me my phone even though I've tried plenty of times. They keep saying they are working on getting my phone back but if no charges were filed and im free why do they need my phone?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the police took your phone as evidence during your arrest, and the charges were declined, you have the right to request the return of your property.

The first step would be to contact the police department or the investigating officer who took your phone and request its return. You can do this in person or by phone. It's important to have the case number and any other identifying information related to your arrest when making the request.

If the police department or officer is unresponsive, you may need to escalate the matter to a supervisor or file a formal complaint. You can also consult with a lawyer or legal aid organization to explore your legal options.

It's possible that the police are still processing your phone for evidence, even if no charges were filed against you. However, the length of time it's taking to return your property is concerning. It's important to keep following up with the police until your phone is returned to you.

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