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Ct -ordered return of property seized was erroneous & I didn't receive all prop. What is best way to rectify (criminal defense)

Sacramento, CA |

My criminal case is long over. I filed a pro se motion with the court to compel the DA to return my property. The Court granted my motion. In my motion and to Court and DA I stressed the property should be returned to me, not my former attorney. The DA responded ok but then returned my property to former attorney anyway and against specific orders. When I went for the property it was only 1/2 of what they originally took. I took it anyway because I was anxious and the property is very personal and impt. I wrote to DA about missing prop. but got no response. I then asked for the paperwork related to this transaction from both former attorney and DA, but neither responded. I want to fight for this. Can I go back to court, and compel the DA to produce any accounting on this?

Attorney Answers 3


  1. If you believe that law enforcement is still holding property of yours against an order of the court you can file a suplimental order per penal code 1538 and request both that further order and sanctions for failing to comply with the original order.


  2. Have you spoken to yourattorney? Did he get the property and only return half for some reason? Do you think law enforcement has etained it illegally? If the latter, then file a motion and have the police testify.


  3. First make sure your attorney and you are seeing eye to eye before you burden the court with a motion alleging the DA or police of any wrongdoing. Then if your attorney received an inventory sheet or signed for anything, look at it and compare it to the order and the inventory of items seized by police. Then and only then file a supplemental motion for the return of property, with a declaration from your attorney about the shortfall. I would not scream foul on the police or the DA. Let the court do that and you are much more likely to see better results. Just present objective facts.

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