Legal Question in Criminal Law in Michigan

Property Seized no Charge filed.

I was stopped by MSP during the confusion, a Detective held my computer and phones for further investigation, how long can they hold my Property. I have tried to contact Detective several time to return it, no answer, no return call. what can i do?

Asked on 6/21/07, 5:17 pm

2 Answers from Attorneys

Charles Kronzek The Kronzek Firm PLC

Re: Property Seized no Charge filed.

You should quit trying to speak to the cops on your own. You'll probably create further problems for yourself. Hire an experienced criminal defense lawyer.

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Answered on 6/21/07, 9:00 pm
Joseph Slaven Michigan Bar Exam Resources

Re: Property Seized no Charge filed.

Pursuant to 600.4706. Return of seized property or discharge of lien

Sec. 4706. Except as otherwise provided by law, personal property seized pursuant to section 4703 shall be returned to the owner, or a lien filed against real property under section 4703 or against a motor vehicle under section 4705 shall be discharged, within 7 days after the occurrence of any of following:

(a) A warrant is not issued against a person for the commission of a crime within 7 days after the property is seized or, if the property is real property, within 7 days after the lien is filed.

(b) All charges against the consenting legal owner relating to the commission of a crime are dismissed.

(c) The consenting legal owner charged with committing a crime is acquitted of the crime.

(d) In the case of multiple defendants, all persons charged with committing a crime are acquitted of the crime.

(e) Entry of a court order pursuant to this chapter for the return of the property or the discharge of the lien.

In your case, no charges have been brought, i.e. no warrant has been issued charging you with a crime.

File a motion with the court where this occurred, i.e. District court, and request you property back.

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Answered on 6/22/07, 3:41 am

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