You were arrested and your property was seized pursuant to the arrest. What can you do?
Pennsylvania Rule of Criminal Procedure 588 covers Motions for Return of Property in Bucks County issues. The motion must be filed in the Bucks County Court of Common Pleas. The motion is filed on the grounds that the petitioner is entitled to lawful possession of the seized property.
The first thing that must be done is to prove the person filing the motion was the lawful owner at the time of the seizure. This initial burden is on the "petitioner". If the petitioner does establish by a preponderance of the evidence that they have "lawful entitlement", then the burden shifts to the Commonwealth to rebut the claim.
Property may be ordered as forfeited if the judge determines that the property is contraband. In the hearing, the judge will determine the source and purpose of the property. The Commonwealth must show that the property is contraband.
If a person who is the petitioner was never charged or convicted of a crime in relation to the seized property, it is not a complete guarantee that the property should be returned and not considered contraband. This issue is only "probative".
I have represented someone whose home was raided because of a family member's presumed criminal activity. My client had money seized as part of the search warrant. Eventually, after the case moved on, I was able to secure the return of the property.