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Retrieving Evidence Justice System, Police, Courts

Discussion in 'Criminal Charges' started by istunt, Apr 17, 2011.

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  1. istunt

    istunt Law Topic Starter New Member

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    I'll keep this short and to the point. I was arrested for fleeing a police officer on my motorcycle. They seized my bike and gear at the scene. Charged with felony fleeing. I have a lawyer. Plead it out to a gross misdemeanor fleeing. Lawyer assures me that we'll be able to get the bike back so I can sell it. I have house/car keys and ipod in the jacket and altogether has a lot of sentimental value. My question is how can I get my riding gear back?
     
  2. mightymoose

    mightymoose Moderator

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    Your bike is probably impounded for 30 days or so, but the rest of your property, unless it was actually kept as evidence for some reason, is yours to claim any time. Contact the agency that arrested you and find out where your gear was stored at. You shouldn't have any trouble recovering it.
    What efforts to recover your property have you already made?
     
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  3. istunt

    istunt Law Topic Starter New Member

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    I have made no efforts and have been relying on the info from my lawyer. This happen about a year ago but court proceedings just finalized a couple weeks ago. They wanted to seize the bike permanently since it was a felony charge. I will contact the agency I think the gear is held at.
     
  4. army judge

    army judge Super Moderator

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    You might want to discuss this with your lawyer before you take affirmative steps to retrieve that property. If inhere your lawyer, and advised you against doing that, I'd have some very good reasons for advising you to wait.

    There could be things you don't know about that gear. Before you retrieve that junk, consult with your lawyer!!!
     
  5. istunt

    istunt Law Topic Starter New Member

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    I've consulted my lawyer. There is no issues with trying to obtain it. I have nothing illegal in the jacket that could cause another charge.
     
  6. mightymoose

    mightymoose Moderator

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    I can't imagine any justification they would have to take the bike permanently. If you haven't gotten it back yet you are sure gonna have some hellacious storage fees to pay.
     
  7. istunt

    istunt Law Topic Starter New Member

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    What I have been told(by police and my lawyer) is that, in MN, any vehicle used in a felony charge is detained and could possibly be seized by the state and put up for auction. Now that it's been reduced to a gross miss. I should be able to get it back and there won't be any storage fees due to the delay of the court dates. I was present for the first hearing about the bike 3 days after the arrest and the judge at that time said she would postpone seizure until after the criminal court proceedings.
     

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