Going through an arrest can be a traumatic experience and having your personal belongings taken from you is not only an inconvenience, but it can be very confusing as well. Who has my stuff? When can I get it back? How can I get it back? These are questions that we want to help answer for you.

First, it is important to understand that items impounded by police often fall into one of two categories: property or evidence. Property is much simpler to retrieve as it is generally being held in your property at the jail or by police for safekeeping while you are in custody. If this is the case, the items will be returned to you upon release. If the items are in your property at the jail, you can request to release the property to a designated third party through an Inmate Request Form. If items were not left in your property bag at the jail, usually the police department will be able to release the items to you or to a third party, with written authorization.

The second category are items that fall under the category of evidence. In short, these are any items that the police have obtained that they believe hold evidentiary value that will support their allegations against you. Evidence can be handled in a few different ways, and this will vary greatly based upon your charges and the facts of your case. In the event charges are not immediately filed against you, the arresting agency may retain items determined to be evidence until the statute of limitations has run. 

Generally in charged cases, items held as evidence can be returned upon dismissal of your case, upon acquittal of your charges, or 90 days after your sentencing has occurred. The 90-day wait period is set to preserve any evidence in the event post-conviction measures are pursued during the allotted time period which could potentially reopen the case. After the 90 days have passed, you will need to contact the department that impounded the items in order to inquire as to their requirements for retrieval by you or a designated third party. It should be noted that evidence can be destroyed after a certain amount of time based on each department’s policies, so it is recommended you contact the police department in a timely manner after the waiting period has concluded. 

The State can also choose to file what is called a Notice of Seizure for Forfeiture. In this case, the State is notifying you that they intend on retaining the evidence that was impounded and not returning it to you. For example, the State may employ this measure in drug sales cases in order to retain any currency that had been impounded or to retain a vehicle used during the commission of a drug sale and/or transportation. 

Finally, the State may include a stipulation to forfeit the evidence as a term of your plea agreement. For example, if you are arrested for a crime involving a gun and that gun is impounded as evidence, the State may ask that you stipulate to forfeiting the weapon. This is something that should be discussed with your attorney prior to signing and accepting any plea agreement. The attorneys at Castillo Law are well-versed in negotiating favorable plea agreements and are here to help you understand any consequences that you may face as a result of the agreement. 

If you are looking for an experienced attorney to help assist you in your criminal case, Cindy Castillo and Castillo Law are available for emergency calls 24/7 at 480-206-5204.