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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24870
Experience:  20 years trial experience in defense of criminal cases
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wondering where to find an outline, for what to write to the

Resolved Question:

wondering where to find an outline, for what to write to the judge pertaining to my side of the conciliation court case i have coming up? like what points should i make sure and get across to the judge, to help my case. Things to mention that i may not realize are important in a forfeifture case.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Pro replied 5 years ago.
What is the underlying case about - a breach of real estate contract or what?
Customer: replied 5 years ago.
Its about the forfeiture of my car. Also In this kind of court matter if you want a continued how long before the court date must this request b made?
Expert:  Law Pro replied 5 years ago.
So your car was repossess and sold at auction correct? The lender is now coming after you for a deficiency from what the vehicle sold for as compared to the loan balance - correct?
Customer: replied 5 years ago.
Sorry I should explain better. I got papers for intent to seize my car and court is to get it back. The papers r from the sheriffs dept. I was arrested for a crime I'm on tape not doing, they don't want to turn over the tape so my criminal case is being continued also. They went in my car with out permission and in doing so and decided they wanted to take it to search. They said it was to look for items stolen in the burglary I was being charged with. But the search warrent theybdid get after stating they searched my car was for drugs not solen items. They found drugs and I got another charge but at the time I wasn't in the car someone else was and got charged w d.a.r. does that make sense?
Expert:  Law Pro replied 5 years ago.
So you wanting to file a motion for return of seized items/item to file with the court and present to judge - correct?
Customer: replied 5 years ago.
I also what should I do to prepare the right info to tell the judge what points are I'mportant to make? also is there's certian amount of time you have to ask for a continuance in a case like this?
Expert:  Law Pro replied 5 years ago.
OK, here's a sample petition for the return of seized property:

TO THE HONORABLE JUDGE OF THE COURT:
Petitioner, _________________________ represents the following:
1) On __________________________, 20________, at the location of _______________________ _____________________, the ______________Philadelphia Police seized_________________________________ __________________________, and placed the property on Property Receipt No. __________________________.

2) The arresting officer was ______________________________________________.
Badge No. __________, of the ________________________District.

3) The ___________________ police arrested__________________________________________
and charged that person with____________________________________________

4) The current status of the case___________________________________________

5) Petitioner is the lawful owner of the seized property.

6) The Petitioner did not give consent to use this property in any illegal activity, nor did the Petitioner have any knowledge of any illegal activity.

WHEREFORE, your Petitioner respectfully XXXXX XXXXX this Honorable Court orders the return of the Petitioner’s seized property.

Respectfully Submitted,

_________________________________
Petitioner’s Signature


As to a continuance - you must have a reasonable excuse or need for the continuance. Most times it's requesting additiional time to get legal representation because you haven't been successful yet retaining counsel.

But you're not going to get the property back if charges are pending and the seized property has anything whatsoever to do with the illegal substance or contraband.

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Customer: replied 5 years ago.
Thank you for you time and infromation.