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Two months ago my car was stolen and totaled. The investigator claiming it was me, took my phone and money found in the car.
Anonymous8 views2 answers
I was never arrested just questioned with the promise that he would prove I was lying. He said he was going to subpoena my phone records and as far as I know he hasn't. I have not heard anything from anyone and am just curious when can or should I ask for my phone and cash back. I dont understand how it is evidence if he was going to subpoena my cell records any ways. I understand the police can not tell me anything involving an open investigation but Im still obviously making the car payments and my insurance is waiting for the investigation report. Also, I never received a reciept/voucher for what he took as evidence. Thank you.
Consult an attorney. This is dangerous situation even if you are innocent. If the attorney thinks it is appropriate the attorney will request the return of your property and advise the officer that no one in law enforcement is to talk to you without the attorney's knowledge and consent. It is likely the police or insurance company investigator will try and get an admission from you.
Under North Dakota law you are entitled to file a motion with the Court for the return of your property. You may file the motion immediately. I would recommend seeking the assistance of an attorney to do this. Also, you should not make any further statements to law enforcement without consulting an attorney because it appears they are currently trying to build a case against you and anything you say could be used against you. Good Luck!