Recieved three felonies, it never went to trial, cleared of everything, but they kept my property.

I received three felonies resulting from a raid on my house by the state police tac team last year. They thought I was in possession of drugs, and later the state lab concluded I was not. Cash and firearms were confiscated during this raid. It took seven months for the commonwealth attorney to decide she didn't have a case and it didn't even make it to trial. I was convicted of nothing and all the charges went away. Now even with no conviction and me still having a clean record, the commonwealth attorney has refused to return three of the firearms and the cash. It should be stated that all 10 firearms confiscated were legal for any citizen to own, and were all purchased legally. They plastered my name on the front page of the local paper four times in this small town. My lawyer does not want to push for the property to be returned because he is "friends" with the commonwealth attorney and I do not know what to do at this point. So my question is.. What should I do about this?


Asked over 7 years ago in Virginia
Categories: General Legal Questions

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Joseph M. Rameaka

Answer by Joseph M. Rameaka

VerifiedRhode Island lawyer


Hire a lawyer who is not "friends" with the Commonwealth Attorney.

Posted over 7 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Joseph M. Rameaka, or search the Lawyer Directory.


Mel Williams

Answer by Mel Williams

VerifiedVirginia lawyer


Send a formal letter to the Commonwealth Attorney and to the law enforcement agency that confiscated your property requesting that it be returned and give a deadline.  If the property is not returned by the deadline, and the property is not worth more than $25,000, then you can file a Warrant in Detinue in the General District Cout to seek an order for the law enforcement agency to return your property or pay you the equivalent value.  For this type ofmatter youwould be well-served to have a lawyer, because you may endup suing a law enforcement agency.

Posted over 7 years ago

Melvin E. Williams GRIMES & WILLIAMS, P.C. Franklin Commons 320 Elm Avenue, S.W. Roanoke, Virginia 24016 540-982-3711 540-345-6572 facsimile mwilliams@grimesandwilliams.com www.grimesandwilliams.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Mel Williams, or search the Lawyer Directory.

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