When you’re arrested, it can be extremely stressful. You’re worried about bonds, your court case, and to top it all, confiscated property. If this happens, you are probably wondering how to get your property back. The best answer is to find a lawyer to help you. Here at Monks Law Firm, we are here for you to get you back to where you belong. With your family and friends. And it is also getting your property back where it belongs, to you.
Why Property is Confiscated
When someone is arrested, the police are able to seize a person’s property. Usually, this is done through a warrant. However, there are times where warrantless searches are justified.
Here are some common reasons a property is confiscated:
- Investigation purposes, if the property can be used as evidence during a trial, then it will be confiscated. It may also be signed in and out of a log for use in the trial.
- Forfeiture, this is property that is the instrument of a crime. These items can be cash, weapons, or drug paraphernalia.
- Contraband is property that is illegal to own. This type of property is usually held as evidence and then destroyed after the case.
- Safekeeping is property that the arrested person has at the time of the arrest. If it has nothing to do with the crime, it will usually be returned at the owner’s request. This is generally done through identification and an invoice receipt. This property can include clothing and jewelry.
Getting your property back after an arrest depends on how closely it relates to the crime. Also, how the property will be used if the property has no relation to the charges, then it will more than likely be returned promptly.
How To Retrieve Your Confiscated Property
After an arrest, the property is taken to the police department. It is them given to a clerk who will file and catalog the items. Then a “property voucher” will be issued to the owner of the things. If it is lawful to do so, the items will be returned. Some property vouchers will state why the property has been confiscated.
To request your items back, you will need to present identification along with the property voucher. You may also be expected to provide additional information about the property, such as serial numbers or color.
If your property has been confiscated to be used as evidence, you may need a letter from the District Attorney or an Investigative Officer.
Will You Need A Lawyer
Consulting with an intellectual property lawyer might be the best way to go if there is a possibility that the items will be used as evidence. Here at Monks Law Firm, we have many services to help you get the help you need. Give us a call today at (713) 666-6657.