When a search of a person or a vehicle is carried out, the police have the authority to seize and retain whatever they believe to be relevant to an offense. How to recant a statement made to police? The Law Offices of Christopher Martens can assist you in obtaining the best possible criminal defense. and they still managed to get my citation dismissed. James always had the time to speak to me about everything and was very positive and friendly. There is no definitive answer to this question as it depends on the specific facts and circumstances of the case, as well as the applicable law. Jake and his staff were very professional in assisting us in a legal matter. Not just any attorney will doits best to work with an attorney who has successfully sued for property recovery in your area, and who understands Arizonas property forfeiture laws. I was and am very pleased with their work. Related Read: Should I become a police officer quiz? Nc's best for sure. If the police suspect that someone is breaking the law, they may seize your possessions and charge you with it. If this is the case, and you are being detained by the police officer, then you can ask them whether they have reasonable suspicion or probable cause to keep you. Usually there will be a finding of probable cause within 72 hours of arrest. How long you can be held in custody - GOV.UK Call (480) 467-4370or fill out the form below to get your free consultation and discuss your best legal options. Refrigerated evidence lockers have built-in alarm systems that detect temperature fluctuations. The Arrest Process in Georgia An item is considered contraband if its a crime to have it in the first place. I had come to them last min. This can be determined by simply asking the police officer, Am I free to leave? If the police officer says yes, then you are free to leave and go about your business without any further delay. In addition, you can apply for the return of your property to your local magistrates court. Refrigerated evidence lockers have all of the same functions, security, and reliability as standard evidence lockers. How Long Can Police Detain Me? - Minick Law, P.C. If you have been charged with DWI, hire Mr. Minick--he's the best around. representation of me proved that month after month. process. I highly recommend James Mimic. Police and prosecutors possess a great deal of power when it comes to building a case against an individual suspected of a crime. reCAPTCHA and the Google Privacy Policy and Pressing charges against someone means that the person has decided to take legal action against another person, typically in regards to a criminal issue. If the prosecutor or police refuse to release your property, your attorney can file a petition for return of property with the court. Then it skips ahead to the accused being told what they're charged with, but it doesn't often show the process in between. There is a chance that if your property is seized as evidence, you will never have it back unless the case is resolved or the statute of limitations expires. | Last reviewed June 02, 2022. For example, if there are eyewitnesses to a crime, or if there is video footage of the crime, this may be enough to convict someone even if there is no physical evidence. The police may arrest you based on their observations, or on the testimony of witnesses. After much research, Minick Law topped my list. Property thats held for safe keeping is the easiest to retrieve, as you should automatically get this back when you are discharged from the police station. I am so grateful! This is a difficult situation, and many people do not James has great experience and always figured out ways to help in my case dealing with the federal court system. California At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. I was allowing my 15 year old nephew to drive in Waynesville, N.C.. The police report, evidence and witness comments are reviewed by the district attorneys office. about FindLaws newsletters, including our terms of use and privacy policy. We ended up winning. Narcotics, drug paraphernalia pretty much Gallery of Awards is likewise presented. This tends to happen with traffic arrests when the police impound the car, so the items in the car arent lost or stolen during transit or while in the impound lot. We make every effort to keep our articles updated. All information published on this website is provided in good faith and for general use only. He is a great lawyer hands down. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If charges are not filed during this two-day window, the arrested individual must be released from custody and should not face further legal prosecution. This means that you do not have to answer any questions or make any statements. If the crime committed was aggravated criminal sodomy there is no statute of limitations. Can In these cases, the person may be held in custody for questioning or they may be released on their own recognizance until more evidence is found. The U.S. Supreme Court has protections for defendants, and these protections keep you from being forced to serve lengthy jail timesbeforea conviction. If you need a lawyer and have any doubt about who you might want to hire I recommend James Minick 100% five star. There's a lot to think about during this time. No charges were filed in the accident (limited damages), but I had inadvertently failed to renew my collision insurance the previous month, and, I was allowing an underage, unlicensed driver to operate a vehicle, a serious charge in N.C.. I was allowing my 15 year old nephew to drive in Waynesville, N.C.. In fact, gun seizure benefits both the owner and the government. A building design that includes an evidence room will be influenced by a number of factors. In the United States, the burden of proof in a criminal case is on the prosecution; the accused is presumed innocent until proven guilty beyond a reasonable doubt. In most states, prosecutors haveup to 72 hours to bring charges. Mr. Minick strives to offer an exceptional client experience. In this case, if you believe that there is insufficient evidence to charge someone, you may still request that the police accompany you to pick up your belongings. Seized firearms must be kept for at least 48 hours after they have been seized. The Minick Law team is courteous, respectful, knowledgeable, EXTREMELY timely with responses and carry themselves with the utmost professionalism. Even if the police do not have any physical evidence linking the accused to the crime, they may still be able to build a compelling case against them based on circumstantial evidence. But, that time differs between states. How long you can be held without charges will depend on a few factors. 170Scottsdale, AZ 85250, Phoenix2330 N. 75th Ave, Suite 211APhoenix, AZ 85035, Immigration Law Family Law Criminal DefenseEmployment Law Personal Injury Estate Planning ALTCS Other Practice Areas, COPYRIGHT JACKSONWHITE PC, 2023, ALL RIGHTS RESERVED. Police may attempt to keep things under control, but they cannot force the person to give them back. If the police seize your property and the government initiates forfeiture proceedings, you should meet with an attorney as soon as possible. If the letter does not work and the value of your personal property exceeds a certain threshold, you may need to file a claim in small claims court or another jurisdiction with limited jurisdiction. Thank you!!! Legally reviewed by Jeffrey Waggoner, Esq. In these cases, the person may be released on bail or their own recognizance and the prosecutor may choose to file charges at a later date if more evidence is found. Because of this, in order to effectively do their jobs, police officers can and often do temporarily detain people in order to investigate the matter further and question them. Thanks James for a great job! Most attorneys would have their. Their website is like an encyclopedia of DWI information and as an assessment and treatment provider, we often reference the blog and pass that value along to the people we serve. He was able to get me in very quickly and each appointment I had with him before my hearing was very productive and thorough. Can a police officer charge someone with no evidence? This detainment can take anywhere from several minutes to several hours. How long can police hold It was obvious that he'd spent a lot of time working on it. Additionally, if there was violence or a weapon involved in the crime your attorney may be able to negotiate a plea agreement which could result in less time in prison and/or probation. Thanks James for a great job! If you need an attorney, find one right now. We are experts in assault, domestic violence, drug possession, DUI, expungement, and juvenile defense, among other things. Being my first DWI, unfamiliar with Buncombe County where my incident occurred, and residing 6 hours away, I had to start out at step one upon finding trustworthy and professional representation. murder, rape, robbery, assault, and break and enter) If you are looking for someone to draft a demand letter indicating what you, as a network member, would like, you should contact a network attorney. The Constitution guarantees under the 4th Amendment that an individual is to be free from unreasonable searches and seizures. It was a pretty high alcohol violation. If you suspect someone is illegally holding your property, contact the police. I would recommend Minick Law to friends or family any day! It depends on the type of property, the severity of the crime, and how long it takes for the police to finish their investigation. He basically saved me $2K or possibly more by being honest. Speedy trial rights also lessen the time the accused must endure the anxiety and publicity of an impending trial. They may also use misleading or confrontational interview techniques in order to elicit information from the accused that can be used against them. The prosecutor must file charges within the specified time, butthose charges are not written in stone. James Minick and his staff are extremely professional, personable, and genuinely concerned with helping people navigate the legal system to arrive at the best outcome. Terms of Service apply. Amazing lawyer!!! Let me start by saying James Minick is a total professional and a top shelf lawyer quite possibly the best in the south east. I was and am very pleased with their work. In Arizona, the general statute Typically, if police believe a crime has been committed and the vehicle may have been involved, they will hold the vehicle until they can obtain a search warrant. He truly cares about his clients and is prompt in his communication. That also prevents the prosecutor from bringing charges after you're released. I truly appreciate Mr. Minick. Although this is a direct violation of your civil liberties, arguing the point with the police officer right then may only escalate the situation. If you have been charged with DWI, hire Mr. Minick--he's the best, Mr Minick was so wonderful to me! Yes, a police officer can arrest you for probable cause, which is done without evidence in a lot of circumstances. How Long Can You Be Held Without Charges? 3. The timeframe for an initial appearance to be held is 48 hours if an arrest occurred without A police officer executes an arrest citing specific charges. Stephanie answered the phone and gave. However, if the police do not have enough evidence to convict you, the prosecutor may choose to drop the charges against you. The prosecutor can charge the But, Police don't charge you, the government does, via federal, state, county, or city prosecutors. Firms, FindLaws team of legal writers and attorneys, Expungement Handbook - Procedures and Law. Once the charges are established, there will be anarraignment hearing, and the charges will be read.