QLD How Long Can Police Keep Phone as Evidence?

[been trapped]

Me and my ex have got cross DVOs against each other. Had the police come with a search warrant because she has complained that I have been contacting her. They are trying to charge me with stalking.

They took my phone and laptop. It has been around 6 weeks. Is there a timeframe they can keep it for? And if I do get charged, what would be I looking at?

 

[Rod]

They took my phone and laptop, it has been around 6 weeks, is there a time frame they can keep it for.

No. However you should make a formal request for the items to be returned. If that fails I think you need to start a court case to get your items back.

And if I do get charged what would be I looking at.

Would need to know the actual charges, your prior history and whether or not you intend to plead guilty or innocent.

 

[Lance]

You should have received a receipt for the items and you are able to apply to have your items returned after 28 days and then after a 30 days you can write to the police commissioner to ask to have your items returned if they are not going to be used for evidence.

As far as the what you would be looking at, I agree with Rod. Not really enough information to say. Stalking charges in QLD can carry a maximum sentence of 5 years imprisonment and 7 years for more serious stalking involving violence. It can all depend on any criminal history, the details of the DVO and what you intended to plea.

 

[John Thorton]

What are the facts?

If the DVO said no contact and you have indeed been contacting her and the forensic evidence on the electronic devices shows then is it a breach of DVO? Stalking? You say anything to cause:

(a) apprehension or fear of violence to, or against property of, the stalked person or another person;
(b) serious mental, psychological or emotional harm;
(c) prevention or hindrance from doing an act a person is lawfully entitled to do;
(d) compulsion to do an act a person is lawfully entitled to abstain from doing.

 

[Timothy Longmire]

Me and my ex have got cross DVOs against each other. Had the police come with a search warrant because she has complained that I have been contacting her. They are trying to charge me with stalking.

They took my phone and laptop. It has been around 6 weeks. Is there a timeframe they can keep it for? And if I do get charged, what would be I looking at?

Stay strong, bro. I'm going through the same thing. Apparently, I've got 4 false alledged breaches of avo and I'm still fighting. The police came to my house with no warrant for my arrest produced and then out of no where 2 officers where talking to me at the door. In seconds, they had 4 cars there and 10 of them. I still haven't had my say yet and they just took my brand new Samsung galaxy s7 and I only had it for 3 months.

No receipt given in return and I was also held, bullied and harassed by the detectives and told and demanded whilst being stood over to sign a form.

I had never read before or been allowed to read, but most of all, was not even allowed to have my lawyer present or on the phone. Still no phone bro