Getting Property Returned from the Police in Los Angeles
Police and other law-enforcement agencies will sometimes confiscate property. This often happens during the course of an arrest for a crime. However, law-enforcement can take property in other contexts as well.
This article discusses some of the steps that Spolin Law P.C. takes to get property returned to our clients. The firm is led by award-winning former prosecutor and civil rights attorney Aaron Spolin.
Your Civil Rights Regarding Property Return
The government is generally not allowed to take property from you unless it is explicitly allowed by law or regulation. Broadly speaking, the Fourteenth Amendment protects you from the government taking your property without following “due process” of law. Therefore, improperly taking or withholding property is a violation of your civil rights.
When You Might Need a Lawyer
Typically, a person seeking the return of property will discover the need for a lawyer if the police refuse to return the property. Sometimes the law-enforcement agency will simply say no to your request. But other times they may put up impossible procedural hurdles, not return phone calls, or otherwise fail to cooperate.
The article is not intended to be used by someone without a lawyer. There are strict deadlines for filing the appropriate legal steps to get the return of one’s property, and if you are seeking the return of property you should seek out legal representation as soon as possible.
What a Civil Rights Attorney Can Do
Spolin law has won many thousands of dollars in property that was taken from clients. Here are some of the steps we may be able to take:
- Legal Motion – A formal written request filed in conjunction with a criminal case, including a request for a court order directing the law enforcement agency to return the property.
- Writ of Mandamus – A legal “writ” filed in a California court seeking a court order for the return of seized property
- Formal Demand – A formal demand letter requesting the return of the property.
- Civil Lawsuit – A lawsuit filed seeking either a court order for the return of the property or money compensation for the value of the taken property.
The Cost of an Attorney
Spolin Law P.C. does not take any portion of property recovered for clients. The firm charges an hourly rate for work done, which is billed against a retainer deposited by the client at the beginning of the case.
Contact Spolin Law P.C. To Discuss Your Case
Spolin Law P.C. is led by former prosecutor and award-winning civil rights attorney Aaron Spolin. To learn more about how Spolin Law P.C. can assist you, call us at (310) 424-5816.