My car was taken in as evidence, how do I get it released? 3 Answers as of January 06, 2011

Two months ago my son was at a house party and a fight broke out and his friend was stabbed to death (my son was not involved). In trying to help his friend who was stabbed, my son and another friend who was helping got blood on their jackets. They took off their jackets and put them in my son's car. When the police arrived they saw the blood all over the car and took the car in as evidence, even though someone else already admitted to the stabbing.

its been 2 months now and i am paying for a car that i dont have. i believe they have had enough time to evaluate the evidence in the car. I need to know can i get an attorney to have my car released since my son is not a suspect in this case or take measures and call the District Attorneys Office to request my vehicle?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
Property that is held as evidence will be photographed and tested, and may be held until the trial unless the attorney defending the case consents to have it returned to the owner. If it the property of an innocent third party the DA will return it if you call the property department of the DA's office or the ADA handling the case, but they will usually call the defense attorney to make sure he will consent to it's return. This is because he may want to test the property, photograph it, or use it as an exhibit at trial. There may be issues as to the type of blood, the amount, where it was, who was sitting in which seat, and how the blood got there, and the best evidence is the car, not photographs. Call me or an attorney in your area to get the car back if you do not want to deal with the DA yourself.
Answer Applies to: New York
Replied: 1/6/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. However ,in general if your son is not a suspect in the vehicle, you or an attorney you hire should contact the District Attorney's office and first ask if they are finished with their investigation of the vehicle- DNA and forensic testing take time, and if they are finihed request the vehicle back. If they are not finished ask them for approximate time when they will be finished. Looking forward o hearing from you.
Answer Applies to: New York
Replied: 1/4/2011
Expert Bronx Criminal Lawyers
Expert Bronx Criminal Lawyers | Alexander Sanchez
There are at least two parties needed to get the car back-the District Attorney, and the Police Department. Both must issue "releases". Usually, though, if the District Attorney issues a release, the police will let the car go also. So, the District Attorney's Office must be contacted, preferably by your lawyer, to convince the District Attorney to release the car. The DA may decline, stating that the car is still needed as evidence,or that the lawyer for the arrested person does not want the car released because the lawyer needs time to examine the car for defense purposes. However, your lawyer may be able to convince the prosecutor to call up the defense lawyer to seek the lawyer's consent to release the car, or ask the lawyer to examine the car immediately, so that a release may be released as soon as possible. Also, the prosecutor may be able to take pictures of the car, and send it to the defense, and ask the defense to consent to it's release.

Either way, you need a lawyer to advocate on your behalf with the District Attorney, since a criminal lawyer understands the process.
Answer Applies to: New York
Replied: 1/4/2011
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