Q: Do I need a lawyer to retrieve property after arrest in Maryland?
I was arrested and my money and jewelry were taken. Charges were filed against me, but I haven’t received any documentation from the court or police regarding the seizure or retention of my property. There hasn’t been a specific reason given for withholding my property. Do I need a lawyer to help me get my property back?
A: All property seized pursuant to arrest or a warrant can be recovered not later than after all criminal charges are resolved, but to the extent the property is deemed to be evidence that supports the charges against you, than you cannot get that property back before the charges are all resolved, and in many cases, ever. It depends on whether the property is deemed both evidence and/or contraband or fruits of illegal activity. Sometimes unrelated property is seized that has no bearing on the case or prosecution and your lawyer can reach out to the police officer who has custody of the items to arrange their return, or get the prosecutor to agree to their return. In other cases it may take a petition for a court order if informal efforts fail. Personal cell phones, laptops, driver’s licenses or passports, and the like, will typically be returned after the police have fully completed any examination of the items as they relate to the crimes charged. But it generally requires reaching out to them, and as the person being charged, you should absolutely not be communicating directly with the police or prosecutors against you.
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