QUESTION

Would suing a police dept for not returning property be civil or small claims

Asked on Oct 16th, 2023 on Criminal Law - Texas
More details to this question:
Had propert seized by police. The DA said to return it but the detective wont
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1 ANSWER

Drug Crimes Attorney serving Houston, TX
Partner at LeGrande Law
2 Awards
Ws it associated with a criminal case? If so, an attorney can file a motion to return seized property. The Judge would sign an order commanding whoever has it to return it. How much is it worth? An attorney would charge you for their time. Unless the item is worth a significant amount of money (over $500 to $1000), it would not probably be worth it to hire an attorney to help you get it returned. If it is NOT associated with a criminal case, small claims court if its under $10,000 in value. Do not expect that you will find ANY attorney to take on a civil case of this nature on a contingency fee (like in a car accident case where the client pays nothing up front, and the attorney gets paid in the end). If you want to hire an attorney to sue for the property back, expect to pay a retainer fee up front, and the attorney to charge against that retainer hundereds of dollars an hour. The long and the short of it? If its worth a lot of money (or has sentimental value, I suppoer), then hire an attorney to get it back. Otherwise, handle it yourself or let it go.
Answered on Oct 30th, 2023 at 7:45 AM

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