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Return of Property Evidence When Case Has Been Dropped

Lehigh Acres, FL |

I was arrested in November 2012 for Grand Theft, I completed a pre-trial diversion and was able to get my charges dropped. When I was arrested they impounded my car. In my car was a vacuum cleaner that I had just purchased, but they took it as evidence. Since my charges have been dropped I asked for it back and they said no that it was stolen. I sent them my receipt and they still refused. What other reasons could there be for them not to return my property?What else can I do?

Attorney Answers 5

  1. Bring the issue before the judge and present the receipt for the item. I would suggest you call the judicial assistant for the judge and ask about putting the case before the judge on a motion for return of property.

  2. You or your lawyer can prepare a motion for return of property and have the judge rule on it.
    Good luck,

  3. Agreed, if they are really being difficult, hiring an attorney can help you out tremendously. There are multiple reasons that the property has not been returned. I've heard everything from: "it's been lost" to "we sold it at an auction". Maybe there was a mistake with inventory or maybe they just don't want to do the work. The important part probably isn't why at this point, but just getting it back.

  4. Not sure snowbound be the defendant from your question? If possibly the tow company, then file a claim in civil small claims court for damages if you were not able to resolve this "civil " matter.

  5. You can file a motion to return property. You have a good argument that the case was dismissed AND you have a reciept for the item they allege is stolen. With that said, it might cost you more to get the item back than what it's worth.
    Jose Calvo

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