How to get back property that is in police custody?

i was robbed about 3 week ago, and someone took all 4 brand new cellphones that i had to sell to him, but he defrauded me and ran away.
- i filed a complaint, provided all pictures, evidence and serial numbers.

1 week later, they catch him and charge him with theft.
so the cop after 5 days gets back the phones (all 4 of them).

the cop calls me and says that he has my phones back, and need receipts.
i go to the station to give him the receipts, but hes not there.

i call him today and he says "i have to do a background check on the phones", i say okay, and we hangup
next day i call him (today), he says that he needs to hold the phones as evidence and needs talk to the crown attorney, if the matter can slipped or be dealt in court. and could take 8 months to a year.

the detective keeps changing the story (he says he will give them back, now he says he needs to ask the crown attorney)

is there anyway to withdraw the complaint?, and get all my phones back.

i live in canada plz help

what shoud i do?

Gaspode

I had a false charge filed against me. After it was dismissed they neither charged the party who made the false report and perjured himself on the stand, they also never returned the $5,000 worth of collector's firearms that they took into "protective custody". Same sort of thing, gave me the run-around and then told me they couldn't be found. I got one back but had to buy it at a gun show where I chanced upon it. The cops had taken my property home. Good luck.

Miguel F

Talk To A Lawyer. You Can Write An Affidavit Of Demand. Based On Your Statement The Cellphones Should Have Been Returned To You Immediately Because The Criminal Was Already Charged It Means There Are Already Evidences That Can Prove His Crime.

Again Talk To Lawyer,He Can Give You Good Advice

BISS

Well I don't live in Canada (close), I'm in the U.S. but I can see Canada. Once you put in a complaint and the officers apprehend a suspect, basically it's their deal now. I would again talk to the officer and explain that you need the phones, are out the money, and that they have pictures, serial numbers, and receipts of the the stolen objects and if you could get them back. I think you could. I had a C.B. stolen from one of my trucks and the property was returned to me before the "ratbag" went to court. It sounds like he/she is waiting to get the O.K. from someone higher up. I"m glad that they found the guy and your phones and I hope that you get them back soon.Good Luck.

A.R.

canada???? well google.. canada laws or statutes

Surjeet

Your phones are now evidence in a criminal case. They will actually need to produce them in the court and when the case starts you will be asked in the court to identify these phones as your property.

Criminal cases can not just be withdrawn as of right. It depends upon how much punishment every crime is carrying and mostly only minor matters are allowed in the common law countries( Canada is also a common law country). Theft is generally a serious crime and a complaint is not allowed to be withdrawn.

I do not comment on the relevant section of the criminal code in Canada thus you better consult a lawyer in a community legal centre near you to check if the prosecutor will release your phones. They will give you free legal advice.

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