For many crimes, the police investigate and ask the judge for an arrest warrant when they think they have enough evidence to charge a particular person with a crime. In other cases, the police arrest a suspect but try to detain him for several days before prosecutors bring charges.
The duration police can hold evidence without charges varies by state. However, it is commonly accepted that police can hold evidence for up to a year in the case of misdemeanors and for up to six months in the case of minor infractions. Felony cases may require evidence retention indefinitely.
The police cannot detain you for an unreasonable period, hoping to find new evidence that will allow prosecutors to file a complaint. When the police confiscate property as evidence, they may retain the property without filing a complaint until the applicable statute of limitations expires.
Confiscated Property Is Retained for a While
When property is confiscated as evidence, chances are you will not return your property until the case is completed, the prosecutor denies filing a complaint, or the statute of limitations expires. You can apply for the return of the affected property before the applicable statute of limitations expires, but this can be difficult if the police do not cooperate.
If the owner of the property makes a written request to the confiscation agency for the return of the property, and the property has not been returned within 48 hours of the request, except on Saturdays, Sundays or public holidays, the person whose property is seized may apply for the return of the property to the district the district court where he was arrested. The owner may be required to bring a receipt or letter showing they can claim the property to the Law Enforcement Division of Property and Evidence.
You Can Ask if Property Is Retained
If you want to ask if your property can be claimed, you will need to speak to the case officer. If the police still refuse to return your item, you may want to contact a lawyer who can give you initial advice on whether you can return your item and what steps you need to take.
If the police try to keep your belongings, even if they are not illegal and are not in evidence, a Utah criminal defense attorney such as Overson Law, PLLC will know how to work with the police to get your property back, and if necessary, he can Apply to the court to return his assets. As mentioned above, if the police believe that one of your items contains evidence of a crime, or could itself be used as evidence of a crime, they are allowed to keep the item in police possession until criminal prosecution is decided.
When you are stopped or investigated for a crime, if the police suspect your money or property is being used in a criminal scheme, they may seize your money or property. When police find property used or acquired in criminal activity, they can seize, seize or even sell the property if they can prove a criminal relationship.
If you are charged with a crime, the police will decide whether to use the assets seized by the police as evidence in the prosecutor’s office. Whether you are arrested or not, the police have broad powers to seize property from premises/your home address that they deem important to the investigation or potential evidence.
The Police Retain Property as Needed
For the most part, when the police hold legally seized property, they can hold it for as long as necessary to investigate or prosecute. Law enforcement may also confiscate property they believe is evidence of a crime, even if you have not been arrested, charged, or convicted.
Upon arrest and/or a police investigation, it is possible that property will be confiscated by you, which is then held by the police on your behalf. If the police detained you for an unreasonably long time before the prosecution finally brought charges against you, we can claim that your rights have been violated.
However, if you are released before the 48-hour period expires, the police may arrest you again later, once the prosecutor determines that the charges are well founded, provided that the statute of limitations has not expired. Nearly every type of criminal charge in Washington has a limited time frame in which charges can be filed.
There are things you can do during the investigation phase to help, but the conviction is based on (1) the facts that the prosecutor has (2) there is an immediate need to prosecute, and (3) the age of the crime. . If you are arrested, the prosecutor will review your case before making an independent decision on what charges should be filed.
Prosecutors and Evidence Handling
The prosecutor will decide to file a complaint against you and investigate without charge, meaning you can leave, or the prosecutor’s office may require law enforcement to investigate further and then return this evidence to decide on charges.
In many cases law enforcement arrests are charged fairly quickly, but again, law enforcement has 48 hours to formally file a criminal charge in the state of California. The police can only do this if they have sufficient reason to arrest, for example, in a situation where they personally witness the crime of arson committed by you.
Not being clear about the status of your detention is sometimes a tactic used to keep you longer while the police collect evidence for a record. Counsel for the defense may file a request for seized property as evidence prior to filing charges or while the case is pending, but the general rule is to withhold evidence until the case is concluded or the time limit for appeals has expired. Many laws provide for hearings in which the seizing authority (usually the police) must justify the retention of property, for example by proving that the property was involved in a crime.