QUESTION
How can I get back my stolen car if the person who stole it confessed to a homicide and the car is being held to be used in the trial?
Asked on Mar 06th, 2013 on Criminal Law - Colorado
More details to this question:
My car was stolen by a guy who was joyriding with his friend. They argued outside the car and the guy killed his friend. He fully confessed and now the District Attorney is holding my car and won't release it. Investigators told me there was no evidence or DNA in the car. How long before I can get my car back? Murder trials can go on for years and he is currently pleading not guilty and going to jury trial. The case seems pretty clear cut with a full confession. Is there a procedure to have them release the car? They could just take pictures of it to show they drove around in it. I can't wait for years for this to be resolved. I need my car.
7 ANSWERS
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
If it's being held as evidence, the police will probably keep it for the duration of the trial. They may need it as evidence and pictures simply won't do. Plus, the defense has the right to inspect it. Sorry. You should be able to get it back at the conclusion of the case.
Answered on Mar 08th, 2013 at 1:32 AM
John J. Carney
Ask a lawyer to contact the District Attorney and ask to have the car released as long as they have the photos, DNA, fingerprints, and other forensic evidence since they are not going to bring the car into the court as an exhibit. This is just another case where the DA does not care about the rights of innocent citizens and need to be forced to do what is fair and just.
Answered on Mar 07th, 2013 at 6:34 AM
Geoffrey MacLaren Yaryan
It depends upon why it is being held as evidence. Normally photos would be sufficient.
Answered on Mar 07th, 2013 at 6:33 AM
Michael J. Breczinski
I would get a lawyer and sue them for either return of the car or a replacement.
Answered on Mar 07th, 2013 at 6:33 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
You are between a rock and a hard place, you'll have to hire an attorney in order to try to obtain the release of your vehicle.
Answered on Mar 07th, 2013 at 6:33 AM
Tax Attorney serving North Smithfield, RI
at
The Law Offices of Mark L. Smith
Update Your Profile
If the car is needed as evidence the police will want to keep it. File a motion for release of the car using the murder case number. The police can take as many pictures of the car they want. They will not bring the car into the court house.
Answered on Mar 07th, 2013 at 6:30 AM
3 Awards
you can file a motion to return property thru an attorney - sometimes these are granted - but without it, they will never release car.
Answered on Mar 07th, 2013 at 6:29 AM