Return of Property: Los Angeles Criminal Cases
If the police executed a search warrant or otherwise searched you and took your property – do not worry, you can get it back from the police with the help of a Criminal Defense Attorney Los Angeles. Los Angeles Criminal Defense Attorney will help to get your property back – whether it is a gun, money, documents or anything else. Please keep in mind that time may be running out to get your property back, especially if you were served with a notice of forfeiture. So call Criminal Defense Attorney Los Angeles to talk about your criminal case in Los Angeles or your property seized by police.
HOW TO GET YOUR PROPERTY BACK FROM THE POLICE
First, you can get your property back from the police if the police who took the property agree to release it to you. Los Angeles Criminal Defense Attorney was able to get the client’s property back many times by convincing the prosecution not to file a criminal case and then getting the police to release the property.
If the police are unwilling to release the property, Los Angeles Criminal Defense Attorney can file a motion to return your property. A motion is a request from the court. If the motion is granted, the court judge will sign an order to return your property back to you. Getting the court order to release the property will hep convince the police to return the seized property.
PROPERTY SEIZED WITH A SEARCH WARRANT
In the case of a search warrant, only a judge can authorize the release of the property that was lawfully seized pursuant to a search warrant. This is because such property, although in the custody of officers, is being held on behalf of the judge who signed the warrant. See Penal Code §§ 1523, 1536; Oziel v. Superior Court (1990) 223 Cal.App.3d 1284, 1292-3; People v. Icenogle (1985) 164 Cal.App.3d 620, 623. ALSO, SEE People v. Lamonte (1997) 53 Cal.App.4th 544 [re nonstatutory motion for the return of property]. However, if the property seized is not described in the search warrant, the police might have to return that property because it is not held “on behalf of the judge”.
See also People v. Superior Court (Laff) (2001) 25 Cal.4th 703, 713 [“Law enforcement officials who seize property pursuant to a warrant issued by the court do so on behalf of the court, which has authority pursuant to Penal Code section 1536 to control the disposition of the property. . . . [T]he superior court possesses the inherent power to conduct proceedings and issue orders regarding property seized from a criminal suspect pursuant to a warrant issued by the court.”]; Penal Code § 1536; Oziel v. Superior Court (1990) 223 Cal.App.3d 1284, 1293; People v. Von Villas (1992) 10 Cal.App.4th 201, 239.
Thus for the property that was taken by the police, Los Angeles Criminal Attorney can file a motion to get it back. This motion can return registered guns owned by you (cannot release unregistered guns), money that was seized from you, documents, etc. Los Angeles Criminal Attorney can have the judge order return of all seized property unless it is held for evidence or if it is contraband or it is believed to be the product of illegal activity.
SPECIAL RULES FOR THE RETURN OF SEIZED GUNS
If the police seized a firearm from you, your house, or your car, you will need the assistance of the Los Angeles Criminal Defense Attorney to get that firearm back. Some firearms cannot be released back because California has the nation’s strictest gun laws. If a gun is unregistered, you have to register the gun with a licensed dealer to have it back. If the gun is registered, then the police will ask that you receive a letter from California DOJ BOF confirming that you are eligible to lawfully possess a firearm. This letter can be requested from the DOJ using this form: https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/volreg.pdf.
For any other questions specific to criminal law, please contact Los Angeles Criminal Defense Attorney Directly at (818) 921-7744.
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