39) Return of Impounded Seized Property? ~ Michael A Haber Miami Criminal Attorney

So you were arrested and your personal property (a car, a watch, cash, a gun, a phone, a laptop, etc) was impounded by the cops and now you want to know how to get it back. Well, the answer is simple: You ask... in a manner of speaking. The mechanism by which to seek return of personal property is to prepare, file, serve and litigate a formal "Motion for Return of Property, but before that can be done an initial assessment of the nature of the hold is necessary.

If your property was impounded "just because", and if it is not contraband, then you should be entitled to it's return. However, if the property is being held for a legitimate evidentiary purpose or for purposes of the government seeking forfeiture then you are not necessarily entitled to it's return and will have to fight to get your stuff back.

The issue of forfeiture will take up it's own Webisode but suffice it to say that in the case of forfeiture the government seeks to convert title to the property from you to the government. This triggers a series of statutory requirements and constitutes it's own separate and unique civil (independent of your criminal case) lawsuit and the property will not be returned until after that civil case has run it's own course. However, in the case an evidentiary hold there may be legitimate and reasonable arguments to be made for return notwithstanding the State's claim of needing to keep the item(s) for evidentiary value. Each circumstance must be independently considered, evaluated and, where appropriate, litigated.

At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: [phone]
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
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[CLawrence]

Can any action be taken in this circumstance? I was arrested for attempting to elud, and public intoxication. My car was in my gf's front yard, it was towed to the local tow yard. Upon my release from jail, I contacted the police department that had arrested me, only to be told my car had a hold on it. I was told by the tow yard owner, they wanted to hold it so dogs could search it. (he immediately regretted sharing this honest information with me) A very thorough search was preformed upon my arrest. I tried day after day to get an update and to get my car back, I was just given the excuse that it hadn't been approved by the officer for release yet. This went on for 5 days, I was told today that I can get my car back. The officer operating the phones is the same person I spoke to every time I called. Upon calling this morning, she tells me that I can come there anytime and SHE will release my vehicle to me. My question is this, I of course have to pay extra for the "daily storage fee". Is there any action I can take legally against the PD for storing my car for 5 days ? Seems like they held my car without probable cause so the dogs could search it.

[jasonperry]

What do you do if you have tried for almost 3 years to get your property back in the local police department and the DOJ keep pointing fingers at each other until finally they destroy your property?

[exoticcreature]

Mine was seized for "driving without a license". Didn't happen. Either way should I be able to get my car back?