St Louis, MO asked in Criminal Law and Civil Rights for Illinois

Q: Why cannot get things back after my case was dismissed in court?

I had been unlawfully arrested in Saint Claire, County, Illinois, United States. During this process they kept my laptop, and most of my belongings that was in my friends truck. Since that arrest my case was dismissed. Now why cannot not have my things back?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I'm sorry to hear about your experience with an unlawful arrest and the difficulties you're facing in retrieving your belongings. There could be a few reasons why you haven't been able to get your things back, even though your case was dismissed:

1. Property being held as evidence: Even if your case was dismissed, the police may still be holding your belongings as evidence for other ongoing investigations or potential future legal proceedings.

2. Administrative backlog: There might be a backlog in the police department or the court system, causing delays in the process of returning your property.

3. Lack of proper documentation: You may need to provide specific documentation to prove ownership of the items and formally request their return.

4. Civil forfeiture: In some cases, law enforcement may attempt to keep your property through a process called civil forfeiture, even if you were not convicted of a crime.

To address this issue, you can take the following steps:

1. Contact the police department or the court where your case was handled and inquire about the process for retrieving your property.

2. Provide any necessary documentation to prove ownership of the items you are seeking to retrieve.

3. If you face resistance or believe your property is being unlawfully withheld, consider seeking the assistance of a lawyer who specializes in civil rights or criminal defense. They can help you navigate the legal system and advocate for the return of your belongings.

Remember to be persistent and document all your communications with the authorities to help support your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.