how to request release of property from the district attorney

If you know the charges are filed with the District Attorney's office, you may go in person to their office to fill out a property release request. As an alternative you may contact the Evidence/Property division at 707-253-4318 during regular business hours to have a release request form mailed to you.

Full Answer

How do I get a release from the district attorney's office?

Jan 02, 2020 · CLAIMANT’S REQUEST FOR DISTRICT ATTORNEY’S RELEASE This is a request for a letter from the District Attorney's office, stating that certain property is no longer needed as evidence. The release or a letter detailing any impediments to the issuance of a release will be made available within 15 days of the receipt of this notification by the District Attorney's …

When do I have to demand a district attorney's release of property?

• Property classified as “Safekeeping.” This property can be picked up from the NYPD Property Clerk, One Police Plaza, NY, NY 10038. Contact 646-610-5906. A District Attorney’s release letter is not a statement by the District Attorney’s Office that you or anyone else has any possessory right to the property vouchered.

How do I get my property back from the police?

If the vouchered property is NOT Arrest Evidence, a district attorney's release is NOT REQUIRED. A claimant should fill out the form completely. You can make a request on behalf of another person in this fashion. You can also come into the office to fill out the request form. Please make sure to bring copies of your vouchers. An incomplete property request form will be not be …

What do I do if the prosecutor refuses to grant property release?

9. Forms to request a district attorney's release and/or other forms regarding the release may be obtained at a district attorney's office in any of the five boroughs. The district attorney's release or supervising district attorney's refusal to grant a release must be obtained from the district attorney's office where the criminal case is being prosecuted. 10. If you have any questions, …

I was arrested, how do I get my property back?

A claimant should fill out a formal property release demand form for the release of arrest evidence at property release answer. If the vouchered property is NOT Arrest Evidence, a district attorney's release is NOT REQUIRED. A claimant should fill out the form completely. You can make a request on behalf of another person in this fashion.

My property release demand was deferred. How do I appeal that decision?

Pursuant to 38 RCNY §12-34 (e), you may request that a supervising Assistant District Attorney review this deferment determination. Please complete the form#N#Request for Supervisor Review of Property Release Deferral#N#and submit the request electronically.

I was the victim of a crime, how do I get my property back?

A claimant should fill out a formal property release demand form for the release of arrest evidence at property release answer. If the vouchered property is NOT Arrest Evidence, a district attorney's release is NOT REQUIRED. A claimant should fill out the form completely. You can make a request on behalf of another person in this fashion.

What is a search warrant return?

Whenever the police take property into evidence, they provide you with a receipt listing all the items they have in their custody. When the police seize evidence during a search, the receipt is called a "search warrant return.". The return lists all the items taken, including the date of seizure, a police inventory number and the identities ...

How to get your property back from the police?

Getting your property back from the police is as simple as asking for it and producing your receipt and photo ID. In some states, you might also need a release from the district attorney's office; call the office at the end of criminal proceedings to request this document. The catch is that there's a ticking clock – in some jurisdictions, you have a limited number of days to request the return of your things after the criminal case ends. In New York City, for example, the period is 120 days after the termination of criminal proceedings. If you don't claim your property in this time, the police have the right to dispose of your items.

What to do if a prosecutor refuses to release property?

If the prosecutor refuses to grant a property release and there's no obvious reason why the items are still needed as evidence, the only option is to file an administrative petition with the court . This isn't a legal tool for the average citizen to use on her own, so you will need to hire a lawyer. The judge will hold a hearing to figure out why the property is still in custody and what should happen to it going forward.

How to get a continuance in court?

If you are a defendant – in traffic court, for instance – and wish for more time to prepare your defense, you can sometimes write the district attorney for a continuance, though in some jurisdictions, you will need to appear in person to do so. State the reason you need a continuance – i.e.

How to communicate during a trial?

During the course of a trial, you may need to send written statements or other information to the district attorney, or ask questions. Do not write the district attorney if you are the defendant in a criminal case.

How to reduce a traffic ticket?

1. Know that you can write a letter to the district attorney to reduce the cost of or even dismiss a traffic ticket. Even if you were at fault, DAs will often reduce the level of the fine or change the nature of the charge so no points accrue to your license if you have a previously clean driving record.

What are the victim impact statements?

All 50 states allow victim impact statements, which allow victims to indicate the toll the crime has take on them, and which may impact the judge’s sentence. These statements may include descriptions of: Injury caused by the crime. Emotional damage caused by the crime. Financial cost of the crime.