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Problem Trying to get an item back from the Police.

New York, NY |

This is a follow question to one where i posted inquiring how to get a parent's Reduced metrocard back from the police. That topic is here:

After the advice, i also talked to my lawyer and i went to 1 police plaza to try to get the card back, presenting my docket number and arrest number. However, when my name was searched, nothing showed up for me. The property clerk said they might have listed the card under my mom's name.I was then told what you guys told me and what i read online, which is to get a voucher and release from the DA via my lawyer. However, my legal aid said she is unable to do that for whatever reason not stated. So any advice now on what to do to get back the card?

Attorney Answers 2

  1. If the case is over your lawyer should speak with the DA about a property release. If she won't go to the property release unit at the DA's Office and ask the clerk to call the DA on your case to see if the DA will authorize the property release.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  2. Your lawyer must request the voucher. She will get it unless the property was vouchered as evidence and the case is still open.