Gun seized by police

pistol packin momma · Oct 31, 2010

NovaCop10 said:
You may have better luck contacting the Commonwealth Attorney's office that is handling the case. The detective may have physically seized your weapon, but the C.A.'s office does the actual legal aspect regarding seizures. Although, the detective may be able to point you towards which attorney is handling the case. A lot of times, officers won't return calls regarding cases because it might jeopardize a case. My guess is that you might be able to get your gun back as long as you show overwhelming proof it is yours and only after the court's final disposition regarding the drug dealer's case. Also, they might attempt to sell it back to you, which is very common for seized property. Hope this helps.

Thank You, I will contact the CA.
Sell it back to me? They can do that?

TFred · Oct 31, 2010

pistol packin momma said:
Thank You, I will contact the CA.
Sell it back to me? They can do that?

I'm guessing the answer to that is going to come down to whether these particular LEOs are as upright and law-abiding as NovaCop like to think all LEOs are, or if they are as corrupt and mean-spirited as a few of the others who like to bash LEOs around here say they are.

Perhaps this incident will be a referendum on LEO professional behavior...

TFred

ETA: Sadly, the fact that we even have to wonder about this speaks louder than many of us would like to admit.

peter nap · Oct 31, 2010

TFred said:
I'm guessing the answer to that is going to come down to whether these particular LEOs are as upright and law-abiding as NovaCop like to think all LEOs are, or if they are as corrupt and mean-spirited as a few of the others who like to bash LEOs around here say they are.

Perhaps this incident will be a referendum on LEO professional behavior...

TFred

I really hate to agree with anything Novacop says but, I suppose it's possible that the court could consider the money owed, theirs as an asset forfeiture.

TFred · Oct 31, 2010

peter nap said:
I really hate to agree with anything Novacop says but, I suppose it's possible that the court could consider the money owed, theirs as an asset forfeiture.

But if the OP's story is true, the gun was never the property of the accused. How can possession of someone else's property make it subject to forfeiture for the holder's crimes?

TFred

peter nap · Oct 31, 2010

TFred said:
But if the OP's story is true, the gun was never the property of the accused. How can possession of someone else's property make it subject to forfeiture for the holder's crimes?

TFred

The money he loaned was his property. The court could consider the cash Ill Gotten Gains and would have been seized as an asset if he still had it.

Courts are very creative sometimes.

user · Oct 31, 2010

Grapeshot said:
You might be able to do some of User's suggestions (see post #3) yourself. Talking to an attorney, first consultation, is generally no charge. If you do nothing, that is likely what you will get.

==oops== turns out this website doesn't allow HTML formatting; I hope you can figure it out. ===

I always let people know before the money-clock starts ticking, so don't worry about that.

To file a motion, put it in the form of a legal pleading, which in a Virginia court has this format:

VIRGINIA:
In the Circuit (or General District or Juvenile and Domestic Relations) Court for the County (or City) of Blahblah
<hr>
PlaintiffsName (in this case, "Commonwealth"), Plaintiff
v. Case Number ________________________
DefendantsName Civil (or in this case, Criminal) Division
<hr>

Motion

<hr>
COMES NOW (your name), and moves this Court for certain relief as is stated herein:
1. fact statements go here in numbered paragraphs; identify yourself, what you want, and why you should get what you want, in as many numbered paragraphs as it takes.
2. Legalese is not required, it is sufficient if you can clearly tell who you are, what you want, and why you should get what you want.
3. After all your numbered paragraphs:
WHEREFORE, (your name) prays this Court for entry of an order granting (whatever you want the court to do and ordering whomever is necessary to do it).

 Respectfully submitted, _____________________________________ (your name again), pro-se

=== Then, at the bottom of all that, sign it and put your address and telephone number under your signature
Then add a paragraph called, "Certificate of Service", and write down the names of everyone you gave a copy to as notice or their attorneys; in a criminal case, that would be the Commonwealth's Attorney; be sure to write how you gave it to them, by mail, fax, or hand-delivered, and the address (or fax number) where you sent (or delivered) it to.
Sign under that paragraph certifying that you actually did send the copies. Opposing parties are always entitled to copies.

File it a week before you want to have the motion heard in court; go to the clerk's office and ask how to get it on the court's docket for a hearing.

peter nap · Oct 31, 2010

user said:
==oops== turns out this website doesn't allow HTML formatting; I hope you can figure it out. ===

I always let people know before the money-clock starts ticking, so don't worry about that.

To file a motion, put it in the form of a legal pleading, which in a Virginia court has this format:

VIRGINIA:
In the Circuit (or General District or Juvenile and Domestic Relations) Court for the County (or City) of Blahblah
<hr>
PlaintiffsName (in this case, "Commonwealth"), Plaintiff
v. Case Number ________________________
DefendantsName Civil (or in this case, Criminal) Division
<hr>

Motion

<hr>
COMES NOW (your name), and moves this Court for certain relief as is stated herein:
1. fact statements go here in numbered paragraphs; identify yourself, what you want, and why you should get what you want, in as many numbered paragraphs as it takes.
2. Legalese is not required, it is sufficient if you can clearly tell who you are, what you want, and why you should get what you want.
3. After all your numbered paragraphs:
WHEREFORE, (your name) prays this Court for entry of an order granting (whatever you want the court to do and ordering whomever is necessary to do it).

 Respectfully submitted, _____________________________________ (your name again), pro-se

=== Then, at the bottom of all that, sign it and put your address and telephone number under your signature
Then add a paragraph called, "Certificate of Service", and write down the names of everyone you gave a copy to as notice or their attorneys; in a criminal case, that would be the Commonwealth's Attorney; be sure to write how you gave it to them, by mail, fax, or hand-delivered, and the address (or fax number) where you sent (or delivered) it to.
Sign under that paragraph certifying that you actually did send the copies. Opposing parties are always entitled to copies.

File it a week before you want to have the motion heard in court; go to the clerk's office and ask how to get it on the court's docket for a hearing.

Fixed it for you:

VIRGINIA:
In the Circuit (or General District or Juvenile and Domestic Relations) Court for the County (or City) of Blahblah
PlaintiffsName (in this case, "Commonwealth"), Plaintiff
v. Case Number ________________________
DefendantsName Civil (or in this case, Criminal) Division
Motion
COMES NOW (your name), and moves this Court for certain relief as is stated herein:
1. fact statements go here in numbered paragraphs; identify yourself, what you want, and why you should get what you want, in as many numbered paragraphs as it takes.
2. Legalese is not required, it is sufficient if you can clearly tell who you are, what you want, and why you should get what you want.
3. After all your numbered paragraphs:
WHEREFORE, (your name) prays this Court for entry of an order granting (whatever you want the court to do and ordering whomever is necessary to do it).
Respectfully submitted,
_____________________________________
(your name again), pro-se

Gun seized by police

pistol packin momma

New member

TFred

Regular Member

peter nap

Accomplished Advocate

TFred

Regular Member

peter nap

Accomplished Advocate

user

Accomplished Advocate

peter nap

Accomplished Advocate