Personal property

[Nicolet]

At what point can a person retrieve their personal property in the legal process?

[Guest120113]

More info? Is the property in a vehicle impounded... at a jail... in a home under asset seizure?

In TX... seized property forfiture happens AFTER a court hearing. Not sure the specifics in your situation though.

[Nicolet]

A laptop, a tower which hasn't worked in years, and 3 cell phones. Nothing major, but of major importance to me. They have had my items for 3 months now so I'm pretty sure they fined toothed it by now.

[dickus]

Is the criminal proceeding in which the seizure occurred completed? If not, they may be able to keep the "evidence" until the criminal matter is finally disposed of.

Not a lawyer, but I stayed in a Holiday Inn Express once.

[Nicolet]

LMAO!!!!! At least I can still laugh!
No, it is no where near completion. The first court date was Dec 17th and got pushed to Feb 19th.
I'm no lawyer either, but I figured that would be the SOP.

[Guest120113]

If the property is part of the investigation you won't get it returned even after case is concluded. Your legal counsel is the best course of action in inquiries about it. Good luck with the whole thing.... I wish the best for ya. Legal issues and courtrooms suck. So I hear from a friend... ;-)

[Poet Laureate]

Originally Posted by Ginger Lovelace

If the property is part of the investigation you won't get it returned even after case is concluded.

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'.
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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.

[Guest120113]

Originally Posted by Poet Laureate

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'.
-
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.

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

[straightshooter30]

Not a lawyer, but my experience here in New England, not TX, is that they keep evidence until after the case is disposed and after the timeline for you to file an appeal has passed. If you want an answer without 'running the lawyer's meter', you could call the prosecuting attorney / DA. Just be extremely careful to not give them any information that they can use against you. Just the fact you want it back may cause them to think there is something there for them to find... Good luck!