Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. I certainly understand the situation and your concern. I assume the police are still investigating this? Have you tried to contact the department handling this and/or have they contact you? Has anything happened since the 4th?
Thank you for the additional information. If the property is evidence and they are still investigating it, they have a legal right to hold it, until it is decided if you are going to be formally charged with anything. They can not just release it, since it can then be destroyed and could potentially hurt their case. Now, if you wanted to, you could retain legal counsel and get them involved and have them press the issue. Seeing how you were subject to the execution of a search warrant, it is in your best interest to retain an attorney, if you can afford one. If not, you would need to wait and be appointed the public defender, if charged. Once you are charged, you could then ask the Judge to sign a court order, to release those items and property, which is not part of the investigation and which they may have wrongfully taken. As you shared, the search warrant was for very specific items, so unless they thought the car and tv, etc were purchased from illegal proceeds, they should not have it or keep it and if they had no basis for this, then it can be returned and the Judge can order the release, without you having to pay, if these things were unlawfully/illegal seized.
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A lot depends on what you are charged with, in regards ***** ***** statute of limitations. I have provide it below for you review. They have up until the SOL expires to file. As long as you can show how you bought these items and the source of the funds, then it would be your legally to have/keep.
Code Section 767.24 Felonies Murder: none; kidnapping, extortion, assault with intent or conspiracy to murder: 10 yrs.; others: 6 yrs.; if victim was under age 18 for any degree of sexual conduct or assault with intent to commit sexual conduct or any sexually abusive activity or material to minor: 10 yrs. or when the victim turns 21 yrs. old, whichever is later; if DNA evidence obtained: none until offender identified, then 10 yrs. after identification or when victim turns 21, whichever is later. Misdemeanors 6 yrs. - See more at: http://statelaws.findlaw.com/michigan-law/michigan-criminal-statute-of-limitations-laws.html#sthash.jLhSDIkc.dpuf
A female officer should have done this if one was present or could have easily been called to the scene. If one was not, then he could have proceed and if you were violated, a complaint can be filed with internal affairs and his conduct could be looked into. As far as your relationship with him, he should have disclosed this, as he may have had a conflict with it but as the case proceeds out, you can see if he had any motive or there was any suspicious about this. I would think that if you were friends with him, he would not want be involved but it would need to be looked into if he did something to harm the investigation.
You are likely looking at 6 years. As far as the time, it is for however long they need. That is why an attorney can get involved, to stay on top of this and see what is happening
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!