Legal Question in Criminal Law in California

Re: siezed personal property

The police should give you your paintball gun back if the D. A. doesn't file charges. If the D. A. does file charges. And when the case is over it is possible to go through the D. A. and get your paintball gun back. If the D. A. wants it destroyed there's a possibility that the judge will sign an order releasing the paintball gun. The policeman may have gotten angry because he was afraid another cop might misinterpret what was going on, see you holding a gun, and shot you.

Re: siezed personal property

Thanks for your posting. If you received a ticket, I'm not sure that getting your paintball gun should be your first concern, but what happens from here depends on what course of action your case takes.

If you fight the charges and the case goes to trial, the prosecutor will want to keep the paintball to present as evidence. If you plead guilty, the judge has the option to order the weapon destroyed, or if the prosecutor agrees, can sign an order after the two sides stipulate to have your paintball gun returned.

As Mr. Hobbs noted, you can also get the paintball gun back via stipulation if there is no case filed against you.

If you have other questions, please feel free to email my office or call me directly. Thanks.

Re: siezed personal property

If you were specifically told that the marker was being held as evidence, it seems that they are looking into the possible filing of criminal charges against you, perhaps for vandalism of the passing car. If that is the case, you likely would not be able to get the marker back until the end of any court case. An attorney at this stage could be very helpful to you in terms of trying to ensure that no case is filed against you; one way to do this is to try to achieve a civil compromise agreement between yourself and the driver of the passing car, assuming some damage. Call to further discuss this matter: 310 277 1707. Thank you for your question.