Legal Question in Criminal Law in California

police wont return my property

in 2004 i was charged with resisting arrest, obstruction of law and assulting an officer but it was supposed to be dropped when i completed the community service hours that i was given. I never did them and simply forgot all about them. Fast foward to 2007. I bought a gun but had to go through all the legal steps of clearing a background check etc. etc. In oct. I had the gun stolen from my home. I filed a police report & about 1 month later they found my gun except they kept giving me the excuse of some unresolved speeding tickects that i needed to take care of first. Then in Aug. of 2008 I spoke to the detective in the morning and he said he would mail me the paperwork to get it back. About 3 hrs. later the police show up at my home and arrested me for a warrant that was issued for the incident back in 2004 that i did not know was issued. The fact of the matter is i spent 5 days in jail and was released having to serve the community service. The detective never told me about the warrant and now is refusing to give the gun back untill i complete the hours because it is ''an on-going case''. What gives? is that even grounds to hold my gun hostage??


Asked on 11/12/08, 3:01 am

1 Answer from Attorneys
Joshua Hale Hale Law Group

Re: police wont return my property

Unfortunately, yes it is grounds generally since it was a violent offense. Take care of your prior case, or feel free to file suit against the police, which will likely cost a lot, and not get your gun back in your possession.

Moreover you may have also violated the law by purchasing a weapon, with this violent conviction, and may have further criminal charges brought against you.

Read more
Answered on 11/13/08, 5:33 am


Related Questions & Answers

More Criminal Law questions and answers in California