Legal Question in Criminal Law in Pennsylvania

Seized evidence

I was arrested for DUI in PA. During the arreset, the police seized a shotgun, rifle and hunting license from my truck. I was on my way home from deer hunting. I was found guilty for DUI and simple assault and served 48 hours in a minimum security facility. Upon my release, I contacted the arresting police to get my guns and license back, but was told I'd have to get a judge to rule whether I was allowed to get them back. My lawyer wants to charge me $300 for the paperwork to get them back. The guns are not worth that much. Is there a way I can get the paperwork doe on my own?

Also, will this arrest prohibit my future purchase of a PA hunting license?


Asked on 6/15/07, 1:46 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: Seized evidence

There is not enough info here. What was the simple assault about? Was it a domestic? Is there an outstanding PFA in effect? If there is a PFA in effect, you can't get your guns back until it is vacated or until it expires.

In terms of the "paperwork" to get your guns back, I wouldn't advise doing it on your own. An attorney would know the law that applies to your case, and how to word the petition for return of property to deal with the facts of your particular situation.

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Answered on 6/16/07, 1:00 pm


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