Legal Question in Criminal Law in Florida

gun placed in property for safe keeping?

Hello, I recently was at a traffic light(red) and a sheriff ran my tag and found I was driving on a suspended lic. i was arrested and he took my gun from the glove box and said it is being placed in property for safe keeping. when i went to get it out they said my pending charge was keeping me from getting it out.I have a current conceled weapons licence. they are saying the pending charge is a felony,am I not innocent till? any way I would like some way to retrive it.


Asked on 1/08/05, 12:23 pm

3 Answers from Attorneys

Richard Hornsby Richard E. Hornsby, P.A.

Re: gun placed in property for safe keeping?

Based on what facts you have given me, it appears that the only felony they might have been able to charge you with is Driving While Your License is Revoked as a Habitual Felony Offender.

However, the gun is unrelated to this charge and should be returned to you. Since they will not give it back, you will need to have your attorney file a Motion to Return Property.

If you are in the Central Florida area, please feel free to call me at (407) 625-4676. I would be able to handle both the criminal charges and the return of your gun.

Best Wishes,

Richard Hornsby

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Answered on 1/08/05, 12:38 pm
Valerie Masters Valerie Masters, P.A.

Re: gun placed in property for safe keeping?

It depends on which police agency you are dealing with but you will most likely have to wait until your case is over. Upon conclusion of the case just ask the judge to have the court event form reflect the gun should be released to you. However if you are convicted of that felony you will have to make other arrangements for someone else to retrieve the gun as you cant even touch your gun if you are convicted of a felony.

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Answered on 1/08/05, 12:47 pm
W.F. ''Casey' Ebsary Law Office of W.F. Casey Ebsary, Jr.

Re: gun placed in property for safe keeping?

Please call me toll free 1-877-793-9290 to discuss how we can help with you firearm issue.

W.F. Casey Ebsary, Jr.

Attorney and Counselor at Law

112 South Magnolia Avenue

Tampa, Florida 33606

813.222.2220 Voice

813.225.0202 Facsimile and Data

www.centrallaw.com

[email protected]

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Answered on 1/08/05, 2:36 pm


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