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Can my son get his cell phone and money back, he was arrested and went to court, and there were no charges against him.

1 Answers. Asked on Jun 19th, 2017 on Criminal Law - Florida
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Answered on Jun 20th, 2017 at 7:56 AM

  I'm assuming this is a Florida case in state court.  If your son's cell phone and money had no connection to the alleged charge or reason for his arrest -- but was merely taken by the law enforcement agency to be securely held as his property while he was incarcerated, he should have received it back upon his release.  If for some reason he didn't, he needs to go to the jail facility and ask for it to be returned.

If, however, the cell phone and money were confiscated as potential evidence in the case, the process is different.  He may be able to have his criminal defense attorney check with the prosecutor to see if it objects to the items being returned since, based on your question, no formal charges were filed and the case is completed.  Often the law enforcement agency that confiscated the items will release them if there's no objection by the prosecutor, who confirms that to the law enforcement agency.  

If the prosecutor objects to the release of the items -- or, if there's no objection but the law enforcement agency stil refuses to release the items, your son (or his attorney) will need to file a motion for release of property and set the motion for a hearing.  If, following the hearing, thecourt determines there is no legal reason that allows the law enforcement agency to hold onto the property, it should sign an order to that effect that directs the law enforcement agency to release the property.   

 

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