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As long as the investigation involving that "evidence" is still active, it can remain seized. Yes, but . . . If you were arrested for a felony, the general statute of limitations is three years. If the property is relevant to the case, you will not be getting it back if the case is still being investigated. However, if the D.A. has decided not to file any charges, then you can ask the police to release the property to you. If they won't, and they definitely will not unless they get the okay from the D.A., you can file a motion in court for an order to return property.

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Q: In California if you are arrested and released but your property is held for evidence can you have your propery returned if a year has passed and charges have not been filed?
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