This means that a petition may be filed in the Court of Common Pleas where the case is or was being heard seeking the return of property. (C) A motion to suppress evidence under Rule 581 may be joined with a motion under this rule. If the motion is granted, the property shall be restored unless the court determines that such property is contraband, in which case the court may order the property to be forfeited. (B) The judge hearing such motion shall receive evidence on any issue of fact necessary to the decision thereon. Such motion shall be filed in the court of common pleas for the judicial district in which the property was seized. (A) A person aggrieved by a search and seizure, whether or not executed pursuant to a warrant, may move for the return of the property on the ground that he or she is entitled to lawful possession thereof. 588 governs the return of property in criminal court. Pennsylvania Rule of Criminal Procedure 588 Whether or not and when you can get your things back depends on the nature of the item and the status of the criminal case, but in most cases where the item itself is not contraband or stolen, you may be able to seek its return either while the case is pending or within thirty days from the end of the case. In some cases, it is possible to get your things back from the government by filing a Petition for Return of Property pursuant to Pennsylvania Rule of Criminal Procedure 588. A common question that we receive from clients who have been charged with crimes or had their belongings seized by the police is how to get those items back.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |