My 16 year old son is on probation for graffiti tools and the Moorpark police did a probation search and took my son's cell phone for evidence on a case they have been investicating and my son was arrested that day also. They say there's evidence on his phone for what they arrested him for. How do I get his phone back? What "Motion" or "Petition" do I file for his property back?
Criminal Defense Attorney
Generally, you won't get property back until probation is complete, because there could be a violation of probation, or your son could possibly move to withdraw his plea and try the case. Because of this, the DAs will not allow property to be released, at least, until six months after probation, when it is clear the person will working on the terms of probation and doing well.
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