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JD
JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience:  Over 11 years of practice in litigation including 10 years as a state prosecutor
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Is it worth filing a lawsuit against my local sheriffs dept

Resolved Question:

Is it worth filing a lawsuit against my local sheriff's dept that has taken all my business equipment for an investigation. My lawyer says I could file a lawsuit against them for a conversion and seek a court order to get it back. However he also said that they could file criminal charges and keep the equipment. What should I do to get my equipment back so I can continue to run my business? They've had my equipment for at least 3 weeks and I am unable to run my business.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JD replied 4 years ago.

All they really need is the hard drive to do the analysis they need to perform. If you do not wish to file a conversion action or replevin action (recovery of personal property) then have your attorney contact the Sheriff's department and District Attorney to arrange they return the items they do not need for their investigation.

 

It is not an ideal situation, but realistically speaking if you buy a new hard drive and ask them to transfer your business files to the new hard drive and then return the rest of your computer equipment they can hardly complain. Again, while you shouldn't have to pay this expense it may be the quickest, cheapest, and simplest method to get your property back and your business up and running.

 

Another option would be for your attorney to ask them to make a mirror image of the hard drive and return the property pending their investigation. They may be unwilling to do this until they've confirmed an absence of illicit images, but it does not hurt to ask. Further, if your attorney communicates the urgency of getting your business computer returned they may be able to expedite the examinations they need to conduct.

 

Please reply if I can help further.

 

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JD, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1335
Experience: Over 11 years of practice in litigation including 10 years as a state prosecutor
JD and 3 other Criminal Law Specialists are ready to help you

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