In just about every instance when an arrest is made, some personal property is collected by the law enforcement agency. Most is simply stored to be returned to you upon your release from custody. Some is kept for evidence. Some items may be kept because law enforcement may believe that they were either used in criminal activity or are the fruits of criminal activity. When this happens, law enforcement might not be inclined to give it back to you just because you successfully beat the charges.
The Bantner Firm can help you get your property back. To make this happen, we will file a Motion with the Court for a Return of Your Property. This motion will A facially sufficient motion for return of property must specifically identify the property and allege that it is the movant’s personal property, that the property is not the fruit of criminal activity, and that the property is not being held as evidence. Once the motion is made, the Court must hold a hearing on the matter unless there is something in the record (the court file) that conclusively refutes the allegations in the Motion. Peterson v. State, 43 Fla. L. Weekly D1420c (Fla. 5th DCA 2018).
At the hearing, The Bantner Firm will present testimony and evidence to support the Motion with the goal of getting the Court to grant the Motion and to Order the agency in possession of your property to return said items to you. Call us today at 813.397.3965 to let us help get your property back!