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I had property seized in a search warrant but no charges have been filed

Nicholasville, KY |

i had property seized in a search warrant but no charges have been filed is it possible for me to get my stuff back

Attorney Answers 3


The simple answer to your question is yes. You probable will not be successful for sometime however. You need to hire a lawyer and have the lawyer speak to the Law enforcement agency that seized your stuff. Even if they don't file charges they may seek a civil forfeitures under federal or state statutes (you did not tell us who seized your stuff). Generally speaking law enforcement has been granted up to two years before courts have found the seizure an unlawful taking. These are complex issues that will require the help of an attorney.

You also have to evaluate whether the value of the property stolen from you by your own government is worth the fight.

I feel bad for you. I represent a lot of people in your situation who get their property taken away and never get it back. Suing is expensive and so many abandon their property.

This is not legal advice. This is merely a recommendation on how to get what you need from the Court.

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,You need to contact a competent criminal defense attorney in your area to help. If you have not been charged with a crime, generally you can request that your property be returned. There may be others involved and law enforcement may have an ongoing investigation. Your attorney can contact the officer and the prosecutor on your behalf to make arrangements for the return of your items, unless being held for some evidence value.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Mr. Mascagni is correct: You can't get it back as long as some police agency can come up with any plausible excuse why they might still need it. If it was property that adds nothing to the offense under investigation, and police are well known to seize things they have no business seizing, then you are more likely to get it back. Contact a lawyer.

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