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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Criminal Law
Satisfied Customers: 1732
Experience:  Practicing Attorney with 10 years experience
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The police came into my home without a search warrant

Customer Question

The police came into my home without a search warrant because my girlfriend let them in. They seized car loads of my property. 2 years later i have not been charged with anything and i was wondering how long i have to wait to pursue getting my belongings back. As far as i know they are investigating me for theft, but no formal investigations have actually begun. My stuff is just sitting there in evidence. I want it back
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Texas, and there is no warrant.
JA: Have you talked to a laywer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Asad Rahman replied 2 months ago.

At this point you are within your rights to file a wrongful seizure of property claim to get your property back. 2 years is more than enough time to charge you with anything.

Expert:  Asad Rahman replied 2 months ago.

Although Texas law is silent to a specific time frame, there are still limitations. Here is a great article on the subject. http://www.austincriminaldefenderblog.com/lawyer-discussion/sure-you-want-that-property/

Customer: replied 2 months ago.
If i do that, wont that accelerate them and make them take interest in it again? This is one of those things where an old employer got their feelings hurt when they lost a client to my new employer so they are trying to say i stole equipment that they gave to me early on in my employment. I was employed by them for 2 years and this equipment was given to me after 6 months, with the only stipulation being that i don't resale it. Now they are trying to say i stole it and they had the cops come seize every electronic in my home office, without a warrant, just because my ex let them in the house, but the police haven't moved forward. However since there is no written proof off the "gifted retired equipment" i don't have anything to try and prove to a judge that it was indeed a gift.
Expert:  Asad Rahman replied 2 months ago.

If you are not interested in obtaining it back, then yes you are right it could force them to get more aggressive in their investigation to justify that the investigation is pending before the judge.

Customer: replied 2 months ago.
I want it back. They can keep the gifted equipment, but give me my data off of it and give me back all of my belongings that have nothing to do with them. The only remaining video and photo's of my deceased mother are on those drives and my personal computer that they also took.
Expert:  Asad Rahman replied 2 months ago.

That makes sense. I might have a local criminal defense attorney reach out to them about seeing if that personal data can be retrieved for you. I would contact an attorney who has a relationship with the local prosecutors i.e. a former prosecutor.

Expert:  Asad Rahman replied 2 months ago.

Let me know if you have any additional questions otherwise a positive rating would be appreciated.

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