Getting arrested is stressful enough—but finding out that your personal property has been seized can make things even more complicated. In Arizona, police can seize property during an arrest for a variety of reasons, including evidence collection, forfeiture, or temporary holding.
If your property has been taken, the good news is that you have options to get it back. The process can be confusing, especially if the property is being held as evidence or subject to forfeiture. Here’s a step-by-step guide on how to retrieve your personal property after an arrest in Arizona.
1. Contact the Arresting Officer or Case Officer
The first step is to contact the officer handling your case. If you don’t have the officer’s direct contact information, you can reach out to the law enforcement agency involved in your arrest.
✅ Provide your case number – This will help them locate your property faster and determine its status.
If you’re unsure which agency was involved, your attorney can help identify the right contact.
2. Determine the Status of Your Property
After contacting the officer, they will inform you of the status of your property. It will likely fall into one of the following categories:
• Held as evidence – If your property is evidence in an open investigation, it may not be released until the case is resolved.
• Subject to forfeiture – If law enforcement believes the property was used in the commission of a crime or obtained illegally, it may be subject to forfeiture.
• Ready for release – If the property is not connected to the case or investigation, it may be available for immediate release.
If your property is being held as evidence, you’ll likely need to wait until the case is resolved before it can be released.
3. Wait for Case Resolution (If Necessary)
If the property is being held as evidence, it will not be released until the case is adjudicated or the investigation is closed.
• Criminal cases: Property held as evidence in a criminal case may not be released until the trial is over or charges are dismissed.
• Civil cases: If your property is being held as part of a civil forfeiture action, the process can take longer, and you may need to actively contest the forfeiture in court.
4. Submit a Request for Release Form
Even if a court orders the release of your property, the case officer handling your case must submit a Request for Release Form to the Evidence Unit before any property can be released.
This means that even if you have a court order in hand, the officer still needs to sign off on the release. This step often causes delays, so it’s important to follow up consistently.
5. Prove Ownership and Legality
Before releasing your property, the agency may require proof of ownership and your legal right to possess the property. This is especially true for firearms and other regulated items.
Examples of acceptable proof include:
• Receipts
• Titles or registration (for vehicles)
• Serial numbers (for electronics or firearms)
• Documentation showing lawful possession
If the item is a firearm, you may also need to pass a background check or show that you are not prohibited from possessing it under Arizona or federal law.
6. Attend a Hearing or File a Motion (If Necessary)
If the agency refuses to release your property, you may need to take legal action:
• Impounded vehicles – If your vehicle was impounded, you generally have 10 days to request a hearing to contest the impoundment.
• Seized property – If the property is not being released, you can file a motion for return of property with the court.
• Forfeiture cases – If the property is being held as part of a forfeiture action, you may need to file a legal challenge to contest the forfeiture.
This step can get complicated, so working with an attorney experienced in search and seizure law is often the best way to speed up the process.
7. Pay Any Applicable Fees
If your property was impounded—especially in the case of a vehicle—you may need to pay fees to get it back.
• Towing fees
• Storage fees
• Administrative fees
These fees can add up quickly, so it’s important to address the situation as soon as possible.
8. Collect Your Property
Once the release is approved, you can collect your property from the Evidence Unit or other designated location.
✅ Bring valid identification – A driver’s license, passport, or state ID will usually suffice.
✅ Bring any required paperwork – If you had to file a motion or get a court order, bring a copy of that paperwork.
How an Attorney Can Help
The process of getting property back after an arrest isn’t always straightforward. If law enforcement resists releasing your property or claims it’s subject to forfeiture, an experienced criminal defense attorney can:
• File motions to challenge the seizure
• Negotiate with the prosecution or law enforcement
• Ensure the agency follows proper procedures
• Fight for the return of any wrongfully seized property
At The Law Office of Joel Chorny, PLLC, I help clients navigate the complexities of Arizona search and seizure laws. If you’re struggling to get your property back after an arrest, contact me today—I’ll fight to protect your rights.
Conclusion
Getting your property back after an arrest can be frustrating and complicated, but you don’t have to handle it alone. By understanding the process and working with a knowledgeable attorney, you can cut through the red tape and protect your rights.
📞 If you need help getting your property back, call The Law Office of Joel Chorny today.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique, and laws may change over time. If you are facing legal issues, consult a qualified attorney to discuss your specific situation.
