New York, NY asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Pennsylvania

Q: My Attorney has the items police had seized during my arrest sent directly to his office and withholding them for paymen

My Attorney has the police release the items they had seized during my arrest directly to his office. The items include my drivers license, debit and credit cards, EBT card, Insurance Cards for myself and Children, and two cellphones. He is refusing to give me these items until I pay the last outstanding invoice. Is this legal? It’s screams unethical conduct and coercion to me but maybe there’s something I don’t know that makes this okay for them to do…

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm sorry you're experiencing this situation. Attorneys have a responsibility to act in their clients' best interests, and withholding your personal items for payment may not align with those duties. It's important to review any agreements you have with your attorney to understand the terms regarding fees and property.

You have the right to access your personal belongings, and your attorney should not use them as leverage for payment. Consider reaching out to your local or state bar association to report this behavior and seek guidance. They can provide resources and help determine if your attorney is acting unethically.

In the meantime, you might want to consult with another legal professional to explore your options. Ensuring you have access to essential items like your ID and financial cards is crucial for your daily needs and legal matters. Don't hesitate to take steps to protect your rights and well-being.

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