Legal Question in Criminal Law in California

Back in 2010 the police served a warrant on a couple I know, the police found a small quantity of meth and also found two legally registered firearms in the residence, one belonging to me and the other belonged to the resident of the home, The couple was arrested and charged with numerous felonies one which included my firearm. I filed a legr application with DOJ which is standard procedure to show that I am allowed to own a firearm in the state of California, I was advised that the property was being held as evidence until the case went to trial and sentencing was completed and now after waiting four years for this thing to conclude, the law enforcement agency that served the warrant and seized the property points me towards the deputy DA that prosecuted the case and I told the DA that I would like to have my property returned, then I was asked why was the firearm at the residence. I told the DA that two days prior to the arrest the resident "Ron" and I were planning to go to the indoor shooting range together but we never made it because I had something urgent come up and I had to leave, so at that point I asked "Ron" if I could leave the firearm with him along with my legal paperwork, firearm registration, ownership papers.etc.. He said he would lock it up in his shed until my return. We both agreed that it wasn't a good idea for me to be driving around with a firearm in my truck that could not be properly secured. Before the arrest he wasn't on parole, probation in fact he had never been arrested before so I did not knowingly leave it in the hands of a felon or convicted criminal which he wasn't at the time of the arrest. Well anyways they charged him with both firearms his and mine which were both legit as far as being legally owned. Now the DA advises me that she will not return the firearm to me without a court order requiring her to do so.I am a licensed security professional with no criminal record not even a traffic ticket and I had no knowledge of any illegal activity in the couple's home I just want my property returned.


Asked on 10/12/14, 9:28 pm

1 Answer from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

You may need to get an attorney and make a motion before a judge.

Read more
Answered on 10/13/14, 9:29 am


Related Questions & Answers

More Criminal Law questions and answers in California