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Having trouble Getting my property back from evidence after count got DISMISSED.
Anonymous1 views4 answers
The fbi gave this case to the state I had a count of false pretenses and the state DISMISSED the case so I went to the police station to get my property back and the property officer told me to get a dismissal form from the court so I went to the court and got a dismissal form and took it to the police station and asked to speak to the property officer but instead of the property officer coming to speak to me the case detective came and told me that I can't get my property back and threatend that if I kept trying to get my property back he will give the case back to the FBI and he will have the FBI take the case. So how can I get the property back ? And I'm getting billed for the property by my credit card companies and I told that to the detective and he told me to pay for the property
This may be a case where the practical answer is more important than the legal one. There is obviously more to the story but I can't tell what it is. If there is no case, the police don't have the right to hold your personal property unless they are holding it for evidence in an investigation. You can certainly insist on getting your property back. However, you need to assess the risk of doing so. There is nothing to stop the state from re-issuing charges against you or filing other charges related to the property.
I do not know the correct procedure but you should contact an attorney.. preferably your attorney that handled your case .. and have him/her file a motion in you criminal case for an order returning the property. This may be a case where the police want to retain the property because it is the fruit of a crime.. even though the crime is not proven. I would not do this unless its expensive to replace... you could be opening a can of worms.
I agree completely with Mr. Cronkright. There is obviously more to this story that either you aren't telling us or are not privy to. In any event, you do have to weigh the risk of pressing the issue. Is whatever you are trying to get back worth the hassle or worse yet, worth getting the charges re-filed against you? Only you can answer that. Consult with a lawyer to discuss your options. There are motions to file if it comes to that.
You can have an attorney file a motion for return of property with the the court. However, if the property is an instrument of the alleged crime, even if dismissed, you may not get the property back.
