If I am arrested for trespassing and a police officer takes my fioncee’s property, how do I get it back before court?
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If I am arrested for trespassing and a police officer takes my fioncee’s property, how do I get it back before court?
First of all, the crime was very petty, I had taken a used tire from a dumpster that I believed was on public property and someone called stating I was trying to burglarize the premise. Regardless, the issue is my fioncee and i are moving out of state and the property has great sentimental value to her and we are unable to travel back, so in essense I need to expedite getting her property back. FYI, she does have a notorized letter stating the property is hers in detail; the officer just keeps telling me that he has to wait for the prosecutor…and wait…maybe even up to 3-4 weeks.
Asked on August 2, 2012 under Criminal Law, Michigan
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
You may be able to get this property back if it is not considered evidence in the case and not related to the case. The prosecutor has to make a preliminary investigation to determine if the property will be needed at trial. If not, then the police should turn this item back over to you, or make you go through a forfeiture process to obtain the item.
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
You may be able to get this property back if it is not considered evidence in the case and not related to the case. The prosecutor has to make a preliminary investigation to determine if the property will be needed at trial. If not, then the police should turn this item back over to you, or make you go through a forfeiture process to obtain the item.
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