Legal Question in Civil Litigation in California

Return of seized property

At the conclusion of a criminal insurance fraud case (no contest plea) a return of property motion was filed and heard, expensive vehicle and other property that had been seized pursuant to search warrant and held 18 months was not ordered to be released. No forfeiture action was ever initiated and no evidence ever presented to dispute my rightful ownership of all property.

30 days have now passed since court's action and I need to appeal or possibly seek writ of mandate to get a proper hearing for return of seized items.

Asked on 4/21/08, 2:18 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE
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Re: Return of seized property

What's with the run-out-the clock strategy? What have you been doing for 30 days? Contact the lawyer who filed the motion for return of property and get a notice of appeal filed if it isn't already too late. If you fail to file a Notice of Appeal in time, you are out of luck.

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4/21/08, 2:29 pm

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