So you were arrested
and your personal property (a car, a watch, cash, a gun, a phone, a laptop,
etc) was impounded by the cops and now you want to know how to get it
back. Well, the answer is simple: You ask... in a manner of speaking. The mechanism by which to seek return of
personal property is to prepare, file, serve and litigate a formal "Motion
for Return of Property, but before that can be done an initial assessment of
the nature of the hold is necessary.
If your property was
impounded "just because", and if it is not contraband, then you
should be entitled to it's return.
However, if the property is being held for a legitimate evidentiary
purpose or for purposes of the government seeking forfeiture then you are not
necessarily entitled to it's return and will have to fight to get your stuff
back.
The issue of
forfeiture will take up it's own Werbisode but suffice it to say that in the
case of forfeiture the government seeks to convert title to the property from
you to the government. This triggers a
series of statutory requirements and constitutes it's own separate and unique
civil (independent of your criminal case) lawsuit and the property will not be
returned until after that civil case has run it's own course. However, in the case an evidentiary hold
there may be legitimate and reasonable arguments to be made for return not
withstanding the State's claim of needing to keep the item(s) for evidentiary
value. Each circumstance must be
independently considered, evaluated and, where appropriate, litigated.
If you have a FL based #CriminalDefense or #DUI question that you would like for Michael A. Haber, Esq. to address and answer then please SUBMIT YOUR QUESTIONS by email to sharky910@aol.com, call or text 305-798-2220 or message "Miami.Criminal.Lawyer" on #Facebook or @Sharky910 on #Twitter) and Michael A. Haber, Esq. will try to provide you with a video answer on a new HaberPA Webisode!
Also please LEAVE YOUR FEEDBACK on the Webisodes so that we will know what you like or dislike and such that we can effort at improving future Webisodes!
Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires.
Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel.
Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 - 305-798-2220), by e-mail (sharky910@aol.com) on Facebook ( http://www.facebook.com/haberpa ) or on AOL/IM (Sharky910).
When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.!
At Michael A. Haber, PA "it's all about reasonable doubt"!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this webisode series. Further any and all information which is both contained in and may be construed from this webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: Sharky910@aol.com / MAH@HaberPA.com
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
YouTube: https://www.youtube.com/c/michaelhaberlaw
@Sharky910 / www.criminallaw.miami / www.haberpa.com / www.facebook.com/haberpa /
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com
LIKE www.facebook.com/haberpa ~ FOLLOW http://habercriminallaw.blogspot.com ~ SUBSCRIBE https://www.youtube.com/c/michaelhaberlaw ~ SEE www.criminallaw.miami ~ CALL 1-888-SHARK-8-1
THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Property #PropertyRoom #PoliceStation #Evidence #EvidentiaryHold #Forfeiture #ForfeitureProceeding #MotionForReturnOfProperty #ReturnOfProperty
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