Legal Question in Criminal Law in California

Charges Dropped, How do I get my property returned?

In Sept. 06, my girlfriend at the time and myself get into an argument and wrestling match. Cops were called and I was arrested. During the process, the cop notices a gunsafe in my house and forces me to open it. It contains my hunting rifles and shotguns, 11 firearms, no assult rifles or anything conspiquous, just ordinary rifles and shotguns. I was charged with DV. Hired an attorney and after approx. 1 year the charges were dropped and I plead no contest to Disturbing the Peace Infraction. The case is now over but I would like my property back as I have a lot of money and sentimental value in the firearms. My attorney has pretty much washed his hands with my case and I am not getting any help from him in getting my property back. What can I do at this point? What are my rights? Once again, the firearms had nothing to do with the incident and were in a locked gunsafe that the cop demanded I open.

Need help. BTW, the guns are in CA and I am now living in Texas.


Asked on 2/14/08, 4:42 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Charges Dropped, How do I get my property returned?

If at all, by proper motion to the court with effective factual and legal argument. BTW: the 'evidence' may already have been 'disposed' of shortly after the charges were dismissed and the evidence retention order no longer needed; it depends upon the agency's policies. Start by checking with the agency that is supposed to have them. If you are told they are gone, so be it. If not, then feel free to contact me for the legal help you'll need, if this is a court in SoCal. You will likely have to come to court for the hearing.

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Answered on 2/14/08, 5:27 pm


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