If I am arrested for trespassing and a police officer takes my fioncee’s property, how do I get it back before court?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption