Property Return Procedures
Type of Hold |
Necessary Documents for Demand |
DA Release |
Arrest Evidence |
1. Voucher 2. Proper ID 3. DA release 38 RCNY § 12-34 Request for property must be made within 120 days of end of criminal case. 38 RCNY § 12-35(c). |
DA release or written refusal must be provided within 15 days of written request. 38 RCNY § 12-34(d), § 12-34(e). If DA release denied, claimant has 270 days to appeal to Supervising DA. § 12-35(d). DAR must be provided unless needed as evidence. 38 RCNY § 12-34(d) |
Vehicles Held as Evidence |
1. Voucher 2. Proper ID 3. DA release 4. Court Order or Disposition 5. Vehicle insurance and registration 6. Vehicle title 7. Current driver’s license 8. U.S. currency/certified check 38 RCNY § 12-16 Request for property must be made within 120 days of end of criminal case. 38 RCNY § 12-35(c). |
DA release or written refusal must be provided within 15 days of written request. 38 RCNY § 12-34(d), § 12-34(e). If DA release denied, claimant has 270 days to appeal to Supervising DA. § 12-35(d). DAR must be provided unless needed as evidence. 38 RCNY § 12-34(d) |
Investigatory Evidence |
1. Proper ID 2. Voucher 3. Release from investigating officer (must be in writing and “usually” on department letterhead 38 RCNY §12-06 Request for property must be made within 120 days of end of criminal case. 38 RCNY § 12-35(c). |
DA’s release not required. 38 RCNY §12-35 |
Safekeeping |
1. Voucher 2. Proper ID 38 RCNY §12-08 Request for property must be made within 120 days of end of criminal case. 38 RCNY § 12-35(c). |
DA’s release not required. 38 RCNY §12-35 |
Forfeiture |
Under § 12-36(a), make proper demand as detailed above. If timely demand made, forfeiture must be brought no later than: (i) For arrest evidence, 25 days after claimant provides clerk with a DAR, or; (ii) In all other cases, within 25 days after date of demand. Service w/in 15 days. CPLR § 306-b |
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