Indio, CA asked in Criminal Law for California

Q: How can I recover my property that was seized on a search and seizure warrant? This case has been dismissed?

Riverside County sheriff’s department

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your case has been dismissed and your property was seized on a search and seizure warrant, you may be able to recover your property by filing a motion for return of property with the court. This motion requests that the court order law enforcement to return the seized property to you. You will need to provide evidence that the property belongs to you and that you have a lawful right to possess it.

To file a motion for return of property, you should contact the court where your case was heard and ask for the necessary forms and procedures. You may also want to consider consulting with an attorney who specializes in criminal law to assist you with the process.

It is important to note that there may be time limits for filing a motion for return of property, so it is recommended that you take action as soon as possible after your case has been dismissed. Additionally, if your property was seized as evidence in a criminal case, the court may require that it be held until the conclusion of the case or until any appeals have been exhausted.

1 user found this answer helpful

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: i would first try contacting the arresting agency.

if not successful, contact the court to request a return of property.

the clerks office may be able to guide you...........

unless the property was expensive, it probably does not pay to retain a lawyer, who will no doubt cost more than the property.

of course, the nature of the property seized may factor into all this.

don't sit on this as their may be time limitations.

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