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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23978
Experience:  9+ years defending Misdemeanor and Felony cases.
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I was served a search warrant on 2-4-16 at like 230am.

Customer Question

I was served a search warrant on 2-4-16 at like 230am. Listed what they were looking for was, white zip up sweat shirt, white crow bar, diamond ring, silver bars, white work gloves, large amounts of cash 100, 50, and 20 dollar bills with year 1996. What the police took from residence was: floor safe, 2 tvs, computer, money some were 1996, cell phone, correspondence, my car, my boyfriends truck, and 2 PlayStations. No charges have been filed. The only thing on the list was money, the money also had many date ranges. How do we get our stuff back? No charges have been filed.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  CrimDefense replied 10 months ago.

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?

Customer: replied 10 months ago.
I contacted them, they said they do not have a formal property seizer filed or a form for me. Nothing has happened since the 4th. And no one has contacted me.
Expert:  CrimDefense replied 10 months ago.

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.

Expert:  CrimDefense replied 10 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 10 months ago.
What's the statue of limitations for something like this? How long do they have to file charges? How do I prove these items were seized unlawfully/illegally? Nothing matches? Except money and even then the amount of currency still in circulation from 1996 is a lot, how can that even be a factor, and what about all the other money they took from me that was not 1996
Expert:  CrimDefense replied 10 months ago.

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

Customer: replied 10 months ago.
one of the officers who searched my house is someone who my boyfriend and I know and have partied with and even were at his house over the summer. Close enough where when we would see him he would come up and hug me and kiss my cheek. Should he have been able to be apart of the investigation while searching my house. He also patted me down for "weapons" I was wearing clothing that you could clearly tell I was not armed in any way, he also made me spread my legs very wide, when they were already spread. I was also where leggings, like tights material. Can something be done about this? I really feel violated.
Expert:  CrimDefense replied 10 months ago.

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.

Customer: replied 10 months ago.
What is the the statue of limitations in this state for larceny? How long can they do an investigation before they decide they have or not have evidence to file charges?
Expert:  CrimDefense replied 10 months ago.

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

Customer: replied 10 months ago.
Any lawyers in Michigan that you could recommend? Oakland county area, not much money. Almost every penny we had was taken. And I know. Public defender is not going to help us get our stuff and money back.
Expert:  CrimDefense replied 10 months ago.

Thank you for the reply. When we are done, I just kindly ask that you remember to rate my help at the top, so the site will give me credit for my help. The site does not allow us to provide referrals but the Michigan Bar has a service set up that can help, here is the link

http://www.michbar.org/programs/lawyerreferral

Expert:  CrimDefense replied 9 months ago.

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!