My question involves criminal law for the state of: Virginia
If someone was hypothetically charged with fraud back in 2013, in which the police raided the house, and took approximately $15,000 in items as "evidence" such as a computer, money, etc all of which are completely legal. Then the trial came, in which the prosecutor and defendant couldn't agree on terms, the prosecutor had said that if you don't take the plea deal, they will dismiss the charges, and get a grand jury to charge me with even more charges, as they have evidence of more crimes being commited. Well the charges were dismissed and the prosector said they would be filing charges next month. It has been over 2 years since then and still no charges have been filed. The person has spoken with a lawyer about getting the evidence back, and he has stated that it would be like "poking the bear" and may bring charges back if the person was to request to get the stuff back. What would you recommend, is there anyway to get the items back?
Thank you
If someone was hypothetically charged with fraud back in 2013, in which the police raided the house, and took approximately $15,000 in items as "evidence" such as a computer, money, etc all of which are completely legal. Then the trial came, in which the prosecutor and defendant couldn't agree on terms, the prosecutor had said that if you don't take the plea deal, they will dismiss the charges, and get a grand jury to charge me with even more charges, as they have evidence of more crimes being commited. Well the charges were dismissed and the prosector said they would be filing charges next month. It has been over 2 years since then and still no charges have been filed. The person has spoken with a lawyer about getting the evidence back, and he has stated that it would be like "poking the bear" and may bring charges back if the person was to request to get the stuff back. What would you recommend, is there anyway to get the items back?
Thank you
Search and Seizure: How to Get Evidence Back After a Criminal Charge is Dismissed
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