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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23599
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was arrested after my hotel was raided and $5000 cash as

Customer Question

I was arrested after my hotel was raided and $5000 cash as well as personal tablets, cell phones, etc were seized. Within 3 days, the state declined to prosecute and failed to file charges. It has now been 9 almost 10 months since everything was seized.
No charges have been filed nor have I been served for any forfeiture of anything. My understanding, in state of Utah, is the state has 90 days to file for forfeiture and to serve me? Is this true? If so, can I get my cash returned to me and do I need to file
any motions etc? How long does the police have to keep my personal tablets and cell phones. The warrant did include computers, but did not reference cell phones or tablets? Do tablets fall under "Computers?" I know in UK, the government has 10 days to copy
the device and return it. Does our constitution have any similar protected rights? Don't understand why they can't make a carbon copy of the device and return it within certain time frame, and especially not hold onto it for nearly 10 months and deprive me
of important documents relating to my business as well as everything else that is private and important to me etc.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
THe police need only a low standard of evidence to make an arrest. The prosecutor needs proof beyond a reasonable doubt, the highest standard known to law, in order to make the charges stick hard enough to get a conviction. So there are times when the police are convinced that a crime has been occurring but the state doesn't have enough to meet its burden and dismisses.
It's wrong, and it's unfair, but the police are notorious for dragging their feet and refusing to return seized property in timely fashion. In short, you're entitled to your property back under the circumstances you have mentioned here. But the police look like they are going to make have to take them to court to get it. Will you win if you do? Probably so, but at great time and expense.
This sort of thing happens all the time. Get a lawyer and take them to court.