Criminal charge and they took property. How do i get it back?
Chicago, IL |
I was charged with drug possessiom when i was arrested. i sell electronics for a living and i had some electronics in the car. the police took it all. how do i get it back? i think i can get all the receipt for the electornics.
First focus is your criminal case. Included in this focus is a multi tier analysis of your constitutional protections and development of theories of defense.
Police misconduct should be noted and investigated as part of your case. Way down on the "list of things to do" is your concern over property.
An experienced client goal oriented criminal defense lawyer will have a similar approach.
My response to your inquiry is: REFOCUS!
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting.
Law Offices of Raymond G. Wigell, Ltd.
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Illinois law allows the police to seize all items and cash found with the drugs. There is a provision in the criminal code that provides for the return of these items but you have to act quick because they send the notice of forfeiture out and you only have so much time to contest it. you need to see an attorney about this.
Have your attorney file a motion requesting an order for the return of the property. It would not appear from what you have stated here that the state would have a legitimate objection. If you don't have an experienced criminal defense lawyer, you should. Most of us provide free copnsultations. www.galivanlaw.net