Return of Seized Property - Please help

[silentillusionz]

What is the name of your state (only U.S. law)? MA

I'm sorry for the lenthy post but I want to include as much detail as I can so that I can get the best responses. I'm still an undergraduate student and I cannot afford a lawyer so any help (website, case, point in the right direction) will be much appreciated!

From mid-August 08 to the end of January 09 I lived in a 2 bed 2 bath apartment with my boyfriend, my former friend, and her idiotic boyfriend. In January of this year, the police department executed a search warrant for computers and storage devices at this residence because my former friend's idiotic boyfriend was under investigation for criminal activity. Needless to say, the police seized property belonging to myself and my boyfriend.

The DA charged this idiot but the case was dropped in February. The idiot's criminal defense attorney filed some motion (I'm assuming a motion for the return of property but I'm not too sure) and my boyfriend's lawyer sort of "piggybacked" onto that motion. He filed affidavit's on behalf of my boyfriend and myself. Unfortunately the judge denied this motion and since I cannot afford a lawyer I'm doing research myself for other options I have to get my 4 out of 30 items seized returned.

I have not been charged with any crime nor have I been implicated in this original investigation.

So far these are things I'm questioning/wondering:

• Can I represent myself? Honestly, I just want a judge to hear my side of the story... I want my property returned but even if it doesn't work out at least I know I tried.
• If I file a civil suit who do I file it against? The DA? The Police Department?
• What do I file? A civil action? A motion? Both?
• What is the difference between a civil action and a motion?
• How do I find out who is actually holding my property?
• What type of remedy can I seek?

I've hit many road blocks in my research because there seems to be absolutely no protection for incidental parties of a search warrant. An innocent spouse rule exists! Why not an innocent roommate rule?! Not only was my property taken but we were all asked to leave the apartment complex. I feel like the law is not on my side and I'm being punished for sharing an apartment.

 

[Swoop187]

What is the name of your state (only U.S. law)? MA

I'm sorry for the lenthy post but I want to include as much detail as I can so that I can get the best responses. I'm still an undergraduate student and I cannot afford a lawyer so any help (website, case, point in the right direction) will be much appreciated!

From mid-August 08 to the end of January 09 I lived in a 2 bed 2 bath apartment with my boyfriend, my former friend, and her idiotic boyfriend. In January of this year, the police department executed a search warrant for computers and storage devices at this residence because my former friend's idiotic boyfriend was under investigation for criminal activity. Needless to say, the police seized property belonging to myself and my boyfriend.

The DA charged this idiot but the case was dropped in February. The idiot's criminal defense attorney filed some motion (I'm assuming a motion for the return of property but I'm not too sure) and my boyfriend's lawyer sort of "piggybacked" onto that motion. He filed affidavit's on behalf of my boyfriend and myself. Unfortunately the judge denied this motion and since I cannot afford a lawyer I'm doing research myself for other options I have to get my 4 out of 30 items seized returned.

I have not been charged with any crime nor have I been implicated in this original investigation.

So far these are things I'm questioning/wondering:

• Can I represent myself? Honestly, I just want a judge to hear my side of the story... I want my property returned but even if it doesn't work out at least I know I tried.
• If I file a civil suit who do I file it against? The DA? The Police Department?
• What do I file? A civil action? A motion? Both?
• What is the difference between a civil action and a motion?
• How do I find out who is actually holding my property?
• What type of remedy can I seek?

I've hit many road blocks in my research because there seems to be absolutely no protection for incidental parties of a search warrant. An innocent spouse rule exists! Why not an innocent roommate rule?! Not only was my property taken but we were all asked to leave the apartment complex. I feel like the law is not on my side and I'm being punished for sharing an apartment.

You can file motions your self with your county clerks office to get your stuff back. It will be a long expensive battle to retrieve your items because when the state sizes something its gone innocent or not..

The system is pure evil and guilty or innocent doesnt matter, its all about money to them.

Good luck getting your suff back but If I were you I would take this as a lesson and a loss when it comes to our fine judicial system....and your stuff.