My 16 year old is on probabtion in ventura county , how do I get his cell phone back that the cops took from him?

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?

Ventura, CA -

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Attorney Answers (3)

John M. Kaman

John M. Kaman

Criminal Defense Attorney - San Francisco, CA
Answered

You can't get his cell phone back until his case is over.

Paul Nathan Puri

Paul Nathan Puri

Criminal Defense Attorney - San Francisco, CA
Answered

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.

William Emil Cassara

William Emil Cassara

Military Law Attorney - Augusta, GA
Answered

I am not a CA lawyer, but generally property is returned when the case is over, which is when his probation expires. You may want to confer with his original lawyer.

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