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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110539
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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OK we have finally got our bank accounts unfroze. Our Attorney

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OK we have finally got our bank accounts unfroze. Our Attorney has pushed for the forfeiture hearing. We had it yesterday. We were raided in July 2012, no charges and March 2013, no charges. Our Attorney requested a dismissal and the prosecutor asked the judge for more time because they are still investigating. They have 3 years I guess. We left the courtroom and our Attorney went to the clerks office and requested a copy of the (I'm not sure what it was called) the form that the police turn in to the judge to get the warrant. The clerk said he would have to get a signed release from the judge. The judge denied it? Our Attorney was dumbfounded! He said this is public knowledge? So now what?
Thank you for your new question and update.

Your attorney was seeking the application for the search warrant which is what he would use to determine the probable cause the police needed to even get the warrant. Your attorney is correct in that it is public record unless it was sealed by the court. If the judge denied the copy of the application for search warrant, your attorney has a right to file an immediate writ to the court of appeals seeking the court of appeals release that public record to you and that should be his next step.

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