If the property is part of the investigation you won't get it returned even after case is concluded. Originally Posted by Ginger LovelaceNot so. Once the proceedings are concluded the property can be returned to its owner. But they won't chase you down to give it back; you have to be proactive, because they auction off unclaimed property once a relatively short time has passed after adjudication. At each juncture you should ask whether or when your property can be claimed, and especially after any hearing or granted motion that includes the word 'Final'.
Not so. Once the proceedings are concluded the property can be returned to its owner. But they won't chase you down to give it back; you have to be proactive, because they auction off unclaimed property once a relatively short time has passed after adjudication. At each juncture you should ask whether or when your property can be claimed, and especially after any hearing or granted motion that includes the word 'Final'.In THEORY yes you are entitled to the property after case cessation. In REALITY you will have a difficult process to endure to reclaim it. frankly, it will be a major pain in your ass. As slow as the justice system moves you're actual final disposition/outcome of the case will take a long time... a year or more.Talk to your attorney. I had a friend who lost all her money, her car, and personal belongings in a seizure and recieved a summons for a hearing regarding the property from a process server while in the pokey. Needless to say she couldnt get oiut of jail to attend so.... pooof. property gone like the wind. BOOOOOOO
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Just remember that it takes awhile for the system to catch up with itself. You likely won't be able to claim your property the day or even the week after the case is closed; it might take just a bit longer for the property room to get the word that it's okay to release the items. Originally Posted by Poet Laureate