[submerged]

Hi, I am a resident of Berks county, PA and whereas my home was searched a year and a half ago for items relating to identity theft and fraud. There was a fraudulent ebay account opened whereas item were brought and paid with fraudulent checks. They took all my computers and anything that they thought were part of the crime. As of today, I have yet to hear anything about what's going on with their investigation and would like my merchandise back. Is there a time frame that the police have to make a case or give me back my stuff? Also they took items that were not mine as well, they were a roommates...would she be able to get her stuff back being that she's not the one being investigated. I appreciate any info you guys can give. Thanx

[Litigator]

Pennsylvania has a two year statute of limitations for minor offenses and five year statute of limitations for major criminal offenses. The period begins to run upon commission of the offense.

In many jurisdictions a person whose property is taken by the police or person who has a legal interest in the property can file a motion for restoration or return of property and the Court makes a determination as to whether the property should be returned. Contraband is not returned--items which are not criminal in nature may be returned although a court is going to be reluctant to do this if there is a chance the items may be needed as evidence in a prosecution.

You may need to contact an attorney who might be able to work out a deal with the prosecutor for return of the property without a court hearing. You also have to remember that perhaps the case has been forgotten about by the prosecution and if you file a motion or ask for return of the property that is going to draw the prosecutor's attention to the case. I'd advise first talking to an attorney there for the procedure to follow in that area and the prudence of seeking such relief at this point in time.

[submerged]

Thank you Litagator...I really appreciate your post.