Can I get my items back from evidence? 24 Answers as of November 27, 2012

My things have been stolen from my house and the local PD notified me that it was found, however that was three months ago and nothing progressed in my case. Can I get my things (Beats Headphones) back?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
When the criminal case is concluded. Until then it may be needed as evidence.
Answer Applies to: Michigan
Replied: 11/27/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Ask. They will keep them if they need them for trial. But they will have to hand them back eventually.
Answer Applies to: Michigan
Replied: 11/15/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Contact the DA's office and ask about the progress of the case, not your headphones. You will sound silly.
Answer Applies to: Georgia
Replied: 11/15/2012
Hamblin Law Office | Sally Hamblin
Once the items are no longer needed. Usually after conviction and in some cases the appeal process. Depending on the importance of the item.
Answer Applies to: Michigan
Replied: 11/14/2012
Law Office of Melvin Franke | Melvin Franke
Contact the police, ask them to take pictures to use as evidence and give you your property.
Answer Applies to: Missouri
Replied: 11/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You should be able to obtain them back. Call the cops.
    Answer Applies to: Nebraska
    Replied: 11/14/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Yes you can. You may need a lawyer to go to bat for you with the DA and the police.
    Answer Applies to: North Carolina
    Replied: 11/14/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    This is up to the police or prosecutor. They can hold the items as evidence. However, if I were the prosecutor, and the items have been processed for finger prints, etc., then I would authorize the items to be returned. A photograph of the items would be sufficient to put in evidence at trial, or even and itemized list describing what was found and what was returned to you.
    Answer Applies to: South Carolina
    Replied: 11/14/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Eventually. This sounds like a petty crime or a revocation on a prior beef, so they should be able to clear it. Three months is not that long if the Defendant waives his right to speedy trial, the first delay tactic.
    Answer Applies to: Montana
    Replied: 11/14/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    You should be able to get your things back when the criminal case is over. That may take a good while.
    Answer Applies to: Georgia
    Replied: 11/14/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You can, but you may have to wait until the criminal case is concluded. Contact the District Attorneys office, find the person in charge of the case, ask the questions you need to ask, get a phone number that you can call back again, and call back every three weeks.
    Answer Applies to: New York
    Replied: 11/14/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You have to ask the cops or the state attorney's office about this. Usually, yes.
    Answer Applies to: Florida
    Replied: 11/14/2012
    Joneson & Michael, LLC
    Joneson & Michael, LLC | Rachel A. Michael
    Typically, evidence can be released back to you if it is no longer necessary for the criminal prosecution and the items seized were not illegal (i.e. drugs, illegal weapons, contraband etc.). The law enforcement agency will usually need a release from the District Attorney's office before your property will be released back to you.
    Answer Applies to: Colorado
    Replied: 11/12/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Speak with the police department and see if the items are still needed for any trial purposes. If there is no reason to continue ot hold them, you should be able to get then back.
    Answer Applies to: Michigan
    Replied: 11/12/2012
    Universal Law Group, Inc. | Francis John Cowhig
    You need to contact the PD to determine the status of the case and whether your items are being held as evidence. They should be able to tell you the status of the case and when you can get your items back.
    Answer Applies to: California
    Replied: 11/12/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    The police will need them as evidence for the prosecution. You can get them after the case is over.
    Answer Applies to: Pennsylvania
    Replied: 11/12/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    After they close the criminal case.
    Answer Applies to: Iowa
    Replied: 11/12/2012
    Law Office of Beth Jackson Day | Beth Jackson Day
    Yes. Just keep calling the police and ask what you need to get your stuff returned.
    Answer Applies to: Maryland
    Replied: 11/12/2012
    LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
    Ask the PD what their policy is. It may be 6 months before they'll release anything.
    Answer Applies to: California
    Replied: 11/12/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I would contact the police again and inquire. It is possible that the items are still being used as evidence in a case; however, I would call them.
    Answer Applies to: Washington
    Replied: 11/12/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Call the prosecutor's office and ask them.
    Answer Applies to: Washington
    Replied: 11/12/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to speak with the police department. If they still need them for evidence you wont be able to get them back until they are done.
    Answer Applies to: California
    Replied: 11/12/2012
    Craig Epifanio, P.A.
    Craig Epifanio, P.A. | Craig Epifanio
    Simply ask. If it is no longer being used in evidence then they won't need it. You might need an attorney, however, to file a motion to get it though.
    Answer Applies to: Florida
    Replied: 11/12/2012
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