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, through their attorney, that a request has been made for the release of property. Under the Penal Law, a person(s) charged with an offense, through 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, through their attorney, of your request to have property released. If they consent to its release, the property will be returned.
In some cases, your property may be needed as evidence at trial. If this is the case, your property will not be retuned until after trial. There are some cases where property cannot be returned, even after trial, until the appellate process is completed.
For these reasons, the District Attorney’s Office may not be able to return your property at the time of your request.
1. IF YOU ARE THE OWNER, you must complete and submit the following PROPERTY RELEASE APPLICATION. YOU MUST AFFIRM UNDER PENALTY OF PERJURY THAT YOU ARE THE OWNER OF THE PROPERTY.
2. AFTER the District Attorney’s Office receives and reviews your application you will be notified if/when your application has been approved.
3. WHEN YOU RECEIVE APPROVAL FOR THE RELEASE OF THE PROPERTY from the District Attorney’s Office, you must call the Property Division of the Police Agency holding your property and make arrangements to retrieve it. DO NOT SHOW UP WITHOUT CALLING THE PROPERTY DIVISION FIRST.
4. IF YOU ARE NOT THE OWNER OF THE PROPERTY but have been chosen by the property owner to recover their property, you must PRINT THIS PROPERTY RELEASE APPLICATION, FILL IT OUT AND HAVE THE PROPERTY OWNER SIGN IT. 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 THEIR DESIGNATED REPRESENTATIVE AUTHORIZED BY THE OWNER TO RECOVER HIS/HER PROPERTY.
5. Mail the completed signed form to the Onondaga County District Attorney’s Office, Criminal Courthouse – 4th Floor, 505 South State Street, Syracuse, New York 13202. Or email to DA-PropertyRelease@ongov.net
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.