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My apartment was raided over a year ago and my computers were

seized. I was not arrested...
My apartment was raided over a year ago and my computers were seized. I was not arrested or charged with anything, and I was told I would not be told what I was accused of unless I went in for questioning. I had my attorney file a freedom of information act request and the warrant was related to child porn apparently.

Can I get my things back now? Is there a time limit on how long they can keep things before filing charges or indicting me? This is ridiculous and I can no longer afford a lawyer otherwise I would just have asked him (I had one for a short period of time, but then I got rid of them as it was too expensive and I was not worried about going to jail because I knew I'd not committed any crime.)
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Answered in 1 hour by:
7/1/2010
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,473
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.

Yes, if it has been over a year, it does not appear you will be charged.

I would first try speaking to the police yourself and inquire about the return of your computer. If they refuse, you are going to have to file a replevin suit in civil court alleging that you are entitled to your computer back. Since this is a state agency, there is probably some notice requirement you must follow before filing suit.

Good luck,


If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Ask Your Own Criminal Law Question
Customer reply replied 7 years ago
I just called the police station and was informed that the original detective working on my case retired a few months ago and now a new detective was working on the case. He told me it is still under investigation and that it would not be released until after the investigation. Is there no time limit for how long they can keep your things without even filing charges or anything? I feel like this whole situation is ridiculous.

Is there anything I can do at this point to get my stuff back?

If the computer is still being investigated, you are not going to be able to get your things back. They may keep it until the investigation is over, unfortunately.

That being said, you may want to speak with a civil attorney about filing suit against the police anyway and putting pressure on them to either file charges or return it. Obviously, if they haven't found anything after a year, they aren't going to find anything.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Michael J, Esq.
Category: Criminal Law
Satisfied Customers: 3,473
Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.
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Michael J, Esq.
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Category: Criminal Law
Satisfied Customers: 3,473
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Experience: Licensed attorney experienced in criminal matters, having represented hundreds of clients with every misdemeanor and felony imaginable.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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