Re: How Do I Get My Property Back in Washington State
A lot is going to depend on what kind of items you are talking about and the circumstances of their seizure. If the items can be classified as contraband, they will be forfeited even if no charges are filed against either you or your husband. If they have evidentiary value, they can be held until any possibility of further adjudication is gone.
Presuming the items are not contraband (paraphernalia used for marijuana cultivation will likely be ruled to be contraband even if, otherwise, lawful to posses), you can contact the seizing agency and/or the prosecutor to see if they will release them. The medical marijuana laws in Washington are VERY poorly written and leave a lot up to legal interpretation. That promotes both law enforcement/prosecutors and marijuana advocates to try to "push the envelope" in the hopes of getting court decisions favorable to their position. Of course, if a Federal agency gets involved, they already have precedent that state law doesn't mean a hill of beans if charged under Federal statutes. Whatever the items are, you are probably not going to get them back anytime soon. You will have to convince the cops and prosecutor that the items are not paraphernalia used to manufacture, not illicitly bought with the proceeds, and have no evidentiary value. And, if the cops didn't already think that the items potentially fell into one of these categories, they wouldn't have seized them in the first place.
Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.