← Back to Cortlandcountyny Gov

Document cortlandcountyny_gov_doc_50feefe325

Full Text

PROPERTY RELEASE APPLICATION INSTRUCTIONS Dear Crime Victim / Property Owner: The Penal Law of the State of New York states that property being held by the Police in connection with an incident / offense may not be released without an Order of the Criminal Court. The law also requires that the District Attorney notify the person(s) charged with an offense or their attorney, when a request is made for the release of property. Under the Penal Law, a person(s) charged with an offense or their attorney must be allowed a chance to examine any property before it is returned to its owner. The District Attorney’s Office will notify the person(s) charged or their attorney of your request for release of property. By law, the person(s) charged MUST be given 30 days to complete his/her examination of your property. Your application must then be approved by a Judge of the Criminal Court. As a result of the above laws, your property cannot be returned to you at the present time. You must first fill out the Application of Release of Property. This release will be processed by the District Attorney’s Office. This is the law in New York State. It takes time to complete each step. However, every effort will be made to avoid unnecessary delays. You will be notified when you may pick up your property. In some cases, your property may be needed as evidence at trial. In other cases, the defense attorney or the Court may refuse to release your property. EXCEPTIONS: There are certain kinds of property, called contraband, that are unlawful to possess by anyone without a special license or permit, i.e. drugs and firearms. Unless you have a license or permit to possess these types of property, they will not be returned to you. WHEN YOU OBTAIN THE APPLICATION FOR RELEASE OF PROPERTY, AFTER IT IS PROCESSED BY THE DISTRICT ATTORNEY’S OFFICE, YOU MUST CALL THE PROPERTY DIVISION, PRIOR TO ARRIVING TO CLAIM YOUR PROPERTY. Cortland City Police Department [PHONE REDACTED] Cortland County Sheriff’s Department [PHONE REDACTED]