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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21883
Experience:  Handle criminal matters in both state and federal courts.
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My brother was snet to federal prison 16 months ago. I have

Customer Question

My brother was snet to federal prison 16 months ago. I have been trying to get his personal effects back ever since. I am talking about the cash and jewlry he had on his person when he was arrested. This was not subject to forfeiture but his lawyer has refused to assist me with this issue. I written a letter to the prosecutor's office but have got no response. What are my options at this point?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Samuel II replied 3 years ago.

Hi

 

You may try filing a Writ of Replevin with the Court. If granted, the Court will order the return of the property. Your brother needs to file it or give you a Power of Attorney. If you don' t have a POA, that could be why the District Attorney is ignoring your requests. There needs to be a legal document signed and notarized by your brother granting you access and authority to get his belongings.

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21883
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 4 other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help. I have a power of attorney for my brother. Where do you get a Writ of Replevin? Is it a form you can download? Do I have to appear in Court?

The letters I have sent included a copy of my POA but I don't even know if they got to the prosecutor.

Expert:  Samuel II replied 3 years ago.

Hi

 

I see. If you have a POA, I suggest you re copy it and write another letter to the prosecutor. But mail it certified with a return receipt. That way you will see if they received it.

 

The Replevin form you may be able to get from the Court in the county where this was prosecuted. Tell the Clerk you have the POA, present a copy and request the form to file. Yes, you would need to appear if a hearing is scheduled. A hearing will be set if the prosecutor is opposing the return for some reason

 

 

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