Legal Question in Criminal Law in California

A friend of mine was arrested and everything he had was confiscated at evidence. In his items he had a check that was to be given to me. Is there any way I can get those checks back even though the court case has not ended?


Asked on 1/15/13, 1:58 am

3 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Why doesn't he do a stop payment and write you another check?

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Answered on 1/15/13, 9:35 am
Edward Hoffman Law Offices of Edward A. Hoffman

Maybe. The answer will depend on whether the police think the check is relevant evidence. But even if you can get it back, the process will take time and effort. It would be easier (and probably cheaper) to have the payor stop payment on this check and send you a new one.

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Answered on 1/15/13, 11:08 am
Terry A. Nelson Nelson & Lawless

You have no standing to even ask the court. He does, if he is willing to file the proper Motion to seek release. See Mr. Roach's answer.

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Answered on 1/15/13, 3:01 pm


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