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I have questions about search and siezer laws.We were

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I have questions...

I have questions about search and siezer laws.We were searched for alleged child porn all devices were siezed ie phones.We need to know when we could get them back and there were also drug parafanillia found Where do we start?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

None yet just happened

Lawyer's Assistant: In what state did this occur?

Ok

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have ason we are worried about concerning dhs repurcusions

Submitted: 3 months ago.Category: Legal
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Answered in 5 minutes by:
3/28/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,469
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks so much for your patience. I'm sorry to hear about your situation. Generally, the law doesn't prescribe a specific deadline for the authorities to return seized items. Sometimes, it could be days or weeks before they return the stuff back to you. Generally, the law allows enforcement agencies to keep items for as long as necessary if they are investigating a crime. This means that you won't have much recourse.

If the police keep it for far too long in your opinion, then you may be able to take some action against the police through their complaint process or even through the civil courts through a lawsuit for conversion.

Conversion occurs when there is a substantial interference with the personal property rights of another. This is possible when either a person is blocking the rights of another’s right to the personal property, even if that person had authority to possess the property, but that right was taken away by the owner (e.g. the owner took away permission from the person currently in possession). Usually, the measure of damages is the fair market value of the property at the time of conversion or a return of the property itself. For example, a vehicle that is worth $4,000 at the time the owner’s access was blocked is likely what a court would award. You may want to consider just writing a formal demand letter advising that the property should be returned ASAP There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 3 months ago
Ok what is the advice on where to start and our liability with the drugs?
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Have they filed a formal criminal complaint against you yet?

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Customer reply replied 3 months ago
I don't believe so they just left 30 mins ago
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I understand. Do you mind telling me what kind of drugs they seized?

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Customer reply replied 3 months ago
They didnt find any actual drugs but they found ameth pipe a some weed pipes
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see. So, it is possible that they will charge you for having paraphernalia assuming they can prove that it was yours and assuming that there is any kind of residue from meth inside of it. There is a maximum penalty for a first offense being one year in the county jail and a fine of $1,000 in your state. Is this a first offense?

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

Ok, so it is possible that if this is the first time, you may not serve any jail time at all. Have you considered hiring an attorney already?

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Customer reply replied 3 months ago
We are talking about it now wejust dont where tostat
Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see. My recommendation is to consider lining up an attorney because it's probable they are going to bring charges at least on the drugs.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Check out the website for your state’s LRS: Oklahoma LRS - click here

You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

You may need to pay a small fee to them to at least be the one to advise you during the investigation process, but since charges are likely, they can also probably help negotiate a lesser sentence and help keep you out of jail.

What other questions did you have for me today that I can help you out with?

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