More details to this question:
felony charge for distribution, trial was hung jury, DA decided not to retry because there was no evidence. Charges were dropped. They will not return my seized property unless I go to a hearing stating why I should get it back. That will require more court costs. Is that legal? What should I do?
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The DA should never keep your property without a lawful basis, but we do see that all the time. For instance, someone is pulled over on suspicion of DUI and found not to be intoxicated, but is in possession of a handgun. No crime has been committed and there is no basis for seizure, but the police often seize the gun anyhow and require the client to file a forfeiture petition to get the gun back. Since the costs to file the petition sometimes exceed the value of the gun many people just walk away. If you do file the petition in that situation you would be likely to get return of the firearm. In your case you need to consult with a good lawyer familiar with all of the facts of your case. Steve
Answered on Jun 16th, 2013 at 10:14 PM