Legal Question in Criminal Law in California

Re: Motion for judge to release property

You need to file a notice of motion and motion under Penal Code section 1538.5 for return of your property. A memorandum of points and authorities must be filed with your 1538.5 motion and it is also advisable to include a proposed order for the Judge to sign. At the time you file the motion, a court date will be set for hearing on the motion. You will also need to serve the law enforcement office with the paperwork. At the hearing, depending upon the issues, you will need to present evidence, make arguments and basically try to convince the court that your request is valid. The Court will then make a ruling whether to order that your property be returned to you. If you are not certain that you can go through the process on your own, you should be able to hire a criminal defense attorney to assist you for less than $1,000.