What motion would I have to file to obtain funds that were confiscated during a raid if I was never indicted?

Question from Cheif, What motion would I have to file to obtain funds that were confiscated during a raid if I was never indicted?

Answer from AI:

If your funds were confiscated during a raid and you were never indicted, you may need to file a motion for the return of property. This type of motion is often referred to as a “Motion for Return of Seized Property” or a “Rule 41(g) Motion” under the Federal Rules of Criminal Procedure. Below is a general explanation of the steps you might take and the legal principles involved.

Understanding Rule 41(g) Motion

Rule 41(g) of the Federal Rules of Criminal Procedure allows a person to request the return of property that was unlawfully seized or that is no longer needed as evidence. This rule applies in federal cases, but many states have similar provisions.

Steps to File a Motion for Return of Seized Property

1. **Determine Jurisdiction**:
– Identify whether your case falls under federal or state jurisdiction. This will determine whether you file under Rule 41(g) or a similar state rule.

2. **Draft the Motion**:
– Include your name, the case number, and a detailed description of the property seized.
– Explain why the property should be returned, such as the lack of indictment or the property not being needed as evidence.

3. **File the Motion**:
– Submit the motion to the court that has jurisdiction over the case. This is typically the court where the warrant was issued or where the raid took place.

4. **Serve the Motion**:
– Serve a copy of the motion to the prosecuting attorney or the agency that conducted the raid.

5. **Attend the Hearing**:
– Be prepared to present your case at a hearing. You may need to provide evidence that the property was unlawfully seized or is no longer needed.

Legal Principles and Case Law

– **Fourth Amendment**: Protects against unreasonable searches and seizures. If the seizure was unlawful, this could be a strong argument for the return of your property.
– **Case Law**: Various cases have set precedents for the return of seized property. For example, in *United States v. Comprehensive Drug Testing, Inc.*, the Ninth Circuit Court of Appeals outlined guidelines for the return of seized property.

When to Consult a Legal Professional

Filing a motion for the return of seized property can be complex, especially if the property is of significant value or if the circumstances of the seizure are complicated. It is advisable to consult with a legal professional to:

– Ensure that your motion is properly drafted and filed.
– Represent you in court.
– Provide personalized legal advice based on the specifics of your case.

Additional Resources

For more information, you can refer to the following resources:

– [Federal Rules of Criminal Procedure – Rule 41](https://www.law.cornell.edu/rules/frcrmp/rule_41)
– [Self-Help Legal Resources](https://www.usa.gov/legal-aid)

Remember, while this guide provides a general overview, it is not a substitute for professional legal advice. Always consult with a qualified attorney to address your specific legal needs.