At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Minick Law provided outstanding service! In Arizona, the general statute Attorney Minick walked me step-by-step through the process of getting my case handled pomptly (before my scheduled court date even) as well as getting the record expunged. He succeeds by offering a thorough understanding of the law, compassion, and a team that communicates and cares for the client.No need to look for an attorney any longer. James arranged for these charges to be dismissed. He took all the stress away I had about my case and court by being very to the point and easy to get ahold of. Nc's best for sure. Minick Law, P.C. If no charges have been filed, can the police keep my car? 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.. A lady pulled from a driveway on Mainstreet, and clipped our car. I was lucky I found this law firm. The first thing that happens is there's an arrest. How Long Can Being held in police custody | Your rights, crime and the law If the police have no evidence against you, do not give up hope. Yes, police can press charges even if a victim of the crime does not. Police can hold evidence without filing charges for a period of up to five years in most states. At this probable cause hearing, the issue of bail is discussed. They made the court process very smooth. At that point, arrestees have the option to plead guilty or not guilty. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. Law enforcement in Arizona is afforded more legal protections under the states forfeiture laws than almost everyone else. WebThe longest you can be held without charge is up to two weeks, this is only if you are arrested under the Terrorism Act. Keep in mind that police themselves cant bring charges against a person. Thank you once again James and if I should need it harder for anything in the future he would definitely be the one. If you have been charged with DWI, hire Mr. Minick--he's the best, Mr Minick was so wonderful to me! WebHow long can the police hold evidence without charges? How long can the police detain you without pressing charges? Answer (1 of 17): That largely depends on the evidence itself. The hearing officer initially seemed like he was going to decide to revoke my driving privileges, but I could see him slowly begin to change his mind as Mr. Minick presented his argument. An evidence locker must be able to accommodate the varying types of materials police and courthouses require. Minick was always available to answer questions and very organized so I was in the know every step of the way. 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. Police can hold a vehicle under investigation for a variety of reasons. How Long Can I would highly recommend this law firm for any service that they offer. In any case, if the police believe they have insufficient evidence to charge the individual, you may still request that they accompany you to pick up your belongings. 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. Each day Ron and Maxine Flewett wait for the phone to ring, hoping it is the news they have waited 20 months for. If youre charged with a crime, the police can hold onto your property until your case is resolved. He's experienced, friendly, and damn good. lockers are designed with a temperature range of 38 to 42, which keeps them at a constant temperature. The reason for this is that the police typically only arrest someone if they have an actual criminal charge against them. So, how long can you be held without charges? - Quora. This means that these limits often vary on a state-by-state basis. Your best bet is to hire an attorney who can work with the court to secure the release of your property. I receive a speeding ticket in Asheville, NC about a month ago. The police can detain you for questioning for up to 48 hours without pressing any charges. 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. Timing is essential, and your freedom is the highest priority. Minnesota How long can police hold evidence without charges in California? Its critical to keep this document in a safe place, as youll need this to get your property back in a timely manner. But just because there may be no eyewitnesses, no weapon located, and no DNA does not mean that he cannot be charged and convicted. If you want to obtain the release of your property, you should hire an attorney to assist you. How Long Can Police Hold Evidence Without Charges? He is a great lawyer hands down. How long can 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.. In addition, officers can seize firearms in plain sight if they believe the person with the gun poses an immediate threat to himself or herself or others. Some property, like drugs or weapons, can be held indefinitely if the police think its connected to a crime. How Long Can They were professional and went above and beyond in their dedication to work for the best possible outcome. Many attorneys offer free consultations. The Minick Law team is courteous, respectful, knowledgeable, EXTREMELY timely with responses and carry themselves with the utmost professionalism. Even though the police are supposed to have probable cause before making an arrest, in reality, they often arrest people without any evidence at all. I highly recommend James Mimic. The days before my hearing I still had a lot of documentation to complete and he was available over the phone/email even in the early morning and evenings to make sure we were as prepared as possible. They offer so much value to clients - the blogs and vlogs are incredible! Related Read: How to find out where police roadblocks are? This is especially true when an arrest is made, as arrests can trigger strict law enforcement requirements. You then have the opportunity to present your defense in a trial. I was allowing my 15 year old nephew to drive in Waynesville, N.C.. If you or someone you know have been charged with a crime, it is important to consult with an experienced criminal defense attorney that can help zealously defend your case. dealing with the federal court system. Mr. Minick was easily accessible and talked me through my whole court proceeding. Mr. Minick is an excellent DWI attorney who analyzes every aspect of the law to help fight your case. I can't speak. The law says arrestees cannot be held without charges for an "unreasonable amount of time." They were professional and went above and beyond in their dedication to work for the best possible outcome. He was able to get me in very quickly and each appointment I had with him before my hearing was very productive and thorough. Police may attempt to keep things under control, but they cannot force the person to give them back. Getting Arrested Checklist: Have My Rights Been Violated? Complex criminal defense situations usually require a lawyer, Defense attorneys can help protect your rights, A lawyer can seek to reduce or eliminate criminal penalties. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Police can apply to hold you for up to 36 or 96 hours if youre suspected of a serious crime, for example, murder. It depends on the type of property, the severity of the crime, and how long it takes for the police to finish their investigation. Biological evidence, money, narcotics, stolen property, weapons, and other items are frequently kept in evidence storage. It was a pretty high alcohol violation. Without proper storage and tracking, evidence that does not have property is at risk of being lost, mishandled, or stolen. He was able to get me in very quickly and each appointment I had with him before my hearing was very productive and thorough. How Long Can Police Hold Evidence Without Charges in Arizona? I founded and build an Assisted Living Company whose Portfolio Value exceeds $40M, with over 500 employees. I was lucky I found this law firm. Do Cops Come to Your House for a Bench Warrant in Arizona? In rare cases, the court may decide to hold a hearing to decide what to do with your property. Make a separate location for your ammunition. 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. 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. In the case of evidence, this step can help to preserve its chain of custody. If you are eventually charged, you will have to go through the entire criminal justice system, which is designed to convict people, not find the truth. Contact us. Individuals, government agencies, and/or businesses can all play a role in recovering personal assets. I could not have selected a better attorney than James Minick. DWI Suspect 'Forgotten' in Jail for 2 Years Gets $22M, Sober Woman Held 2 Days for DUI Can Sue Cop. Strongly Recommend Attorney Minick & Minick law! Can Police Biological evidence, money, narcotics, stolen property, weapons, and other types of evidence are commonly stored in this manner. If you need an attorney, find one right now. Read on to learn how these limits might apply to you. If you intend to wrap your gun in kitchen wax paper, you should make sure no parts are sticking out, wrap it mummy-style, and secure it with masking tape. When law enforcement has reason to believe the owner of the firearm poses an immediate threat, they can seize the firearm in plain sight. If youre found not guilty, youll get your property back. Thanks James for a great job! James always had the time to speak to me about everything and was very positive and friendly. After much research, Minick Law topped my. The days before my hearing I still had a lot of documentation to complete and he was available over the phone/email even in the early morning and evenings to make sure we were as prepared as possible. Can police charge you with no evidence? This is a difficult situation, and many people do not So, in general, the answer to the question of whether police may question a person who is not under arrest and who is not in custody is yes, police may question a person who is not under arrest and who is not in custody, as long as the person is not being detained against their will and as long as the person is free to leave. If youre found guilty, the court may order that your property be forfeited to the government. If there is not enough evidence to charge you, the police can release you on bail or pending further investigation. You can file a request to have your property returned before the statute of limitations expires, but it can be challenging if the police are uncooperative. process easy and answered all my questions. Contact a qualified criminal lawyer to make sure your rights are protected. Generally, it is harder to convict someone of a crime when there is no evidence, but it is not impossible. If the police do not have enough evidence to convict you of a crime, they may still arrest you if they believe that you have committed the crime. Minick Law has been so supportive and helpful! It depends on the type of property, the severity of the crime, and how long it takes for the police to finish their investigation. DUI/DRUGS, Carrying a concealed weapon, Open container and failure to maintain lane control.I had total confidence in James from the Get Go. In addition, police may be required to file charges if they suspect that the property is associated with a crime. Furthermore, this locker features interchangeable locking inserts that can be used to accommodate changes in the size of storage boxes and containers. Police can hold evidence without filing charges for a period of up to five years in most states. Law enforcement may provide a police escort to assist with the recovery of property in the event of an active service request. In fact, gun seizure benefits both the owner and the government. Thanks James for a great job! In the U.S., police can press for charges when there is not enough evidence to support a criminal charge, but this will only happen if law enforcement believes the accused poses a threat to public safety. In general, the answer to this question is yes, police may question a person who is not under arrest and who is not in custody, as long as the person is not being detained against their will and as long as the person is free to leave. In these cases, prosecutors may rely on eyewitness testimony, confession, or other circumstantial evidence. To make matters worse, Arizona law prescribes a punishment for Arizonans who try and fail to recover forfeited property. In fact, the prosecutor may still choose to bring charges against you at a later date if more evidence becomes available. about FindLaws newsletters, including our terms of use and privacy policy. Additional evidence lockers can be set up to house these units. Thank you!!! I highly recommend Minick Law and will choose them if ever needed again. Although arrestees cannot be held without formal charges for anunreasonable amount of time, the Constitution does not specify what this time is. But, that time differs between states. Im so happy I chose minick law to help with my traffic ticket. Seized firearms must be kept for at least 48 hours after they have been seized. If the police just have an Intel (information) that someone may have committed a crime, they will typically just conduct a search or make an arrest based on this information alone. If the prosecutor or police refuse to release your property, your attorney can file a petition for return of property with the court.