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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23548
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How can court keep guns from defendant when all charges have

Customer Question

how can court keep guns from defendant when all charges have been droped.gun was gift from mother 40 yrsw ago and given for protection.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
When you say all charges have been dropped, was the case dismissed outright or was it dismissed as part of a deferred adjudication (after you pled to the offense and served a sentence)?
Was the offense a crime of domestic violence? Is there still a protective order in place against you?
Customer: replied 1 year ago.
answer to #1Dismissed outrigtht no# 2 Domestic violence no# ***** no protective order
Customer: replied 1 year ago.
I am 70 yrs old and disable and fighting cancer also so if you can help me it would be a big help..there is no good lawyers here in Rogersvill,tn
Customer: replied 1 year ago.
my lawers name is ***** ***** of boyd&boyd, father and son. I payed him up front and I feel he did nothing to help me with my case.
I sure hope I'm not making a mistake by doing this.
Customer: replied 1 year ago.
my daughter s boyfriend came into my bedroom, drunk and high on drugs and yelling at me for no reason, I told him to get out and we would talk about it tomorrow because I knew it would do no good talking to him in his condition,he wouldn,t so when he went into the living room I took my 38 out and shot a round off into the floor to scare him and it did,he went outside screaming that I was shooting at him, which I wasn,t that s when he talked my daughter ,which was drunk also, to call police.i don't drink, and don't allow it in my house.
Customer: replied 1 year ago.
well I am trying to run a farm here and got to go to barn and feed animals so if you want to call me wait til 9am ,I will be busy.thank you.Christine Wirth
Expert:  Zoey_ JD replied 1 year ago.
Sorry for the delay. I too have animals that I have to feed and walk, and I also got myself some breakfast.
Unfortunately, phone calls are not available except as a premium service for an extra fee. Otherwise, site rules prevent us from exchanging contact information.
On top of that, unlike in non-legal categories on JustAnswer, where phone calls are allowed, in the legal categories live phone calls can be deemed practice of law which is forbidden by our bar associations, since JustAnswer is not a law firm.
Legal experts here do not and cannot represent you on this website with any legal matter. I would be happy to provide you with further legal information on this forum, but I will not be calling you.
If the police confiscated your gun when they came to the house, they have no reason to keep it if there's no protective order in place and you were not convicted of any crime. You still have your gun rights and there's no reason you cannot possess a firearm.
That doesn't, unfortunately, mean that the police will be quick to give it back. It's rather typical of them, in fact, to hold onto the gun and give you a runaround until you either hire a lawyer and take action to get your firearm back or until you just give up and get another weapon. Is that fair? No, not at all. But they did come to the house because you did pull out and discharge your gun, and that may be reason enough in the minds of the police for them to think that it's safer for all parties concerned if they kept it from you.
So you should try contacting the police and asking for your gun back. Legally, there's no reason you shouldn't have it. If the police are unmoved, you'll need your lawyer or another lawyer to get the came back before the judge who can order the police to return your weapon. If the police do not comply with the judge's order, you would have to take further legal action to compel them to obey the court order and return your gun.

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