How long can the police hold my property after the judge has signed the order to release it to me?
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How long can the police hold my property after the judge has signed the order to release it to me?
The judge signed and filed an order to release my property to me after my case was dismissed. The police department has had this order for over a month. When I contacted them regarding my property they claimed some items were checked out to another agency (the FBI). They have been giving me the same excuse that they are waiting on them to get my property back. How long can this go on?
Asked on February 28, 2012 under Criminal Law, California
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Unfortunately, unless the judge has specifically stated a time period for the property to be turned over back to you, it falls in the hands of the local police department. In Michigan, you have a right to a forefiture hearing to push the envelope if the police fail to return property previously confiscated due to the criminal offense. I would give the police a little more time, and then pursue a criminal defense attorney who has experience dealing with forefiture hearings in your area to seek the next step in forcing the police to turn over your property in a timely manner.
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