Colorado Seized Property Attorney
Property seizure is a common practice during federal agent searches during an investigation. Whether you were arrested or not, the property taken may be held as evidence. The agents may have searched your home, your car, or your person via a search warrant or a consent search, and getting your belongings back can be difficult without the help of an attorney. In fact, over the course of years following 9/11, local, state, and federal law enforcement agents have confiscated hundreds of millions of dollars in overly aggressive traffic stops from motorists who were not even charged with an offense, according to the Washington Post. In many cases, people end up waiting for years to get their property returned, or their property is never returned at all. While legal grounds for a civil lawsuit against the federal government rarely exists for retrieving your belongings, there are other ways in which an experienced attorney can provide invaluable help. For assistance retrieving your personal property after a federal search and seizure, call an experienced Colorado seized property attorney today.
Motion to Return Property by an Aggrieved Person
Under the Federal Rules of Criminal Procedure, Rule 41 Search and Seizure, “A person aggrieved by an unlawful search and seizure of property or by the deprivation of property may move for the property’s return.” However, in most cases the court will deny such a request if the evidence in question has to do with an ongoing criminal case. During a civil forfeiture proceeding, it is also unlikely that confiscated property will be returned. However, in most cases, after a criminal case or trial concludes, an individual should be allowed to reclaim their confiscated property in a timely manner unless the court can somehow prove that there is a relevant legal reason for not doing so.
Throughout his 40 years of criminal defense experience, Jeff Weiner has come to realize that most prosecutors and agents are good-hearted people who are open to informal discussion when it comes to returning seized property. He has come to many agreements with federal prosecutors when it comes to having belongings returned, simply by remaining courteous and professional, and by using facts instead of outrage or threats. Additionally, judges offer little respect to prosecutors who are vindictive or waste the time of the court by unreasonably holding onto an individual’s seized property for no justifiable reason. Prosecutors, after all, have a reputation to uphold. Because of this, an informal discussion regarding the property is usually the best for everyone involved. This option can be easier, quicker, and more pleasant for the client in most cases. However, sometimes it is necessary to file a motion for return of property in the U.S. District Court.
Contact a Colorado Attorney Today for Immediate Assistance in Recovering Your Seized Property
If federal agents seized your property during a search and the criminal case is over, there should be no reason that your property has not yet been returned. Call Jeffrey S. Weiner in Colorado today for legal help in recovering your belongings.