PROPERTY RELEASE APPLICATION
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 the District Attorney notifying the person(s) charged with an offense, or his/her attorney, that a request has been made for the release of property. Under the Penal Law, a person(s) charged with an offense, or his/her attorney, must be allowed a chance to examine any property before it is returned to his owner.
The District Attorney’s Office will notify the person(s) charged, or his/her attorney, of your request for release of 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. As a result, your property cannot be returned to you at the time of your request.
- IF YOU ARE THE OWNER, you must complete the highlighted section of Section I of the DOWNLOADABLE RELEASE OF PROPERTY FORM, and mail it or drop it off to the Onondaga County District Attorney’s Office, Criminal Courthouse – 4th Floor, 505 South State Street, Syracuse, New York 13202. YOU MUST AFFIRM UNDER PENALTY OF PERJURY THAT YOU ARE THE OWNER OF THE PROPERTY.
- AFTER the District Attorney’s Office receives and reviews your application you will be notified if/when your application has been approved.
- WHEN YOU RECEIVE THE APPROVED APPLICATION FOR RELEASE OF PROPERTY from the District Attorney’s Office, you must call the Property Division of the police agency holding your property before arriving to claim your property.
- IF YOU ARE NOT THE OWNER, but have been chosen by the property owner to recover his/her property, you must complete the highlighted portions in both Sections I and II of the DOWNLOADABLE APPLICATION FOR RELEASE OF PROPERTY, and mail it or drop it off to the Onondaga County District Attorney’s Office, Criminal Courthouse – 4th Floor, 505 South State Street, Syracuse, New York 13202. YOU ARE REQUIRED TO OBTAIN THE SIGNATURE OF THE PROPERTY OWNER, AND YOU MUST AFFIRM UNDER PENALTY OF PERJURY THAT YOU ARE THE OWNER OF THE PROPERTY OR HIS/HER DESIGNATED REPRESENTATIVE AUTHORIZED BY THE OWNER TO RECOVER HIS/HER PROPERTY.
The process to have property released takes time to complete. However, every effort will be made to avoid unnecessary delays.
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.