Arrested And Your Property Was Taken By The Police? A Former Prosecutor Explains What To Do! (2022)

Описание: Will I Get My Property Back After Being Arrested? (2022)

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It Depends! Maybe you were wrongfully arrested! To add insult to injury, the police seized your car, your house, your cash, your phone, your wallet or other items. Whether you get the property back can depend upon several factors:

Convicted or Not Convicted?

If Not Convicted

• If your criminal case was dismissed, no billed by a grand jury or you were found not guilty by a jury or judge, you usually need your criminal attorney to follow up after dismissal or drop to lesser charge. Several steps must be taken in order to get your property back from the cops.

• File motion for disposition of evidence - this formal motion must be filed in Texas in order to obtain your property back from the police. Usually, your criminal lawyer will file the motion, present it to the judge and have a possible hearing in court in order to obtain a formal ruling on the decision. Once you have received a court order signed by the judge, you can take the paperwork to the police department property room and get your weapon, vehicle or other personal property.

There is a decent change you will obtain your property back after a criminal case is dismissed UNLESS a Criminal Asset Forfeiture was filed by the State.

• What is a Criminal Asset Forfeiture proceeding? It is a civil lawsuit filed against you by the government claiming the property was used as instrumentality of a crime. This allows the government to seize your property and keep it! Can you fight? Yes! BUT the Time deadline to respond is 20 days after the Monday from date of service because it is a civil suit

• Innocent owner defense - a common defense strategy for a criminal asset forfeiture is to show the court that there is an innocent owner that the property belongs to. For example, a young man arrested in his mother's car for drug possession and dealing could have the car seized by forfeiture. However, a criminal attorney may be able to show the court that the mother owned the vehicle and that it would be returned to an innocent owner.

What if you were Convicted of the crime for which they seized the property?

• It becomes much more difficult to obtain the property after conviction. Why? Because the judge feels the state is justified in maintaining the property after a plea of guilty or conviction by a jury.

• There are still circumstances where it can happen but depends upon the type of property that was seized. For example, it is almost impossible to obtain guns and other weapons if the case involved a conviction for a crime of violence.

Finally, what if you really need your property back before your case is finalized? Do you have right to have the seized property returned to you prior to completion? Unfortunately, there is no right to return of property until completion of case under Texas criminal law.

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00:00 Can You Get Your Seized Property Back?
01:20 What If The Property Is Marked As Evidence?
02:29 Motion For Disposition of Evidence
06:29 Can You Get Your Property Back If You're Convicted Of The Crime?