My phone was taken after I was arrested. My property was promptly handed over to the DA's office and I was told hey where going to use it as evidence to build a case. It has been over a month yet and I have heard nothing from any legal entities. My question is, how long can they hold on to my phone without declaring any official case?
I'm not aware of a hard and fast rule of when law enforcement has to give property back to you when an "active" investigation is ongoing, but a month is very optimistic. Investigations often take months and some even longer. It is likely to help if you have an attorney fighting for you. It may be worth a free consultation or two to discuss your options.
You can contact WeedenLaw by phone or email. This answer is for general information only and does not create an attorney client relationship between Jeffery L. Weeden or WeedenLaw and any person. Schedule a consultation with an attorney to discuss your specific legal issue..
Mr. Weeden is correct. There is no "bright-line" rule in regards to how long an agency can hold what they deem to be "evidence". If it's something you need in the immediate future, such as a phone, it may be wise to simply buy a new phone in the meantime, because the process may be long and arduous. You may also petition the court for retrieval of the phone, but I suggest obtaining an attorney in your area in doing so
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