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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was visiting my step son in June 2015, a search warrant

Customer Question

i was visiting my step son in June 2015, a search warrant was served looking for a hand gun. my hand gun was confiscated, it was not the one the police were looking for. I have been unable to retrieve my hand gun at this time. I was told that both defendants lawyers, as well as the prosecuting attorney would have to release my hand gun before it would be returned. Since I do not live in Colorado, it is hard for me to contact all parties, is there anyway to streamline this process?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

Hello and happy new year,

If you cannot do this for yourself, you'd have to hire a lawyer in Colorado to do this on your behalf. I don't know why your gun was confiscated in the first place. What I do know and have seen happen over and over and over and over again is that even if you are able to retain a release from the prosecutor, which you can if the prosecutor doesn't need it as evidence and it was not used in the commission of a crime, the police aren't just going to hand it over. They can hang onto it claiming that they are still investigating and make you have to bring the matter into court to get it back. As this is what, in my experience, they almost always do, you will find you'll need a lawyer anyway. As a result, though I am not telling you that you shouldn't give it a try, many gun owners end up abandoning the property and simply buying a new gun as the quickest and most pratical solution to the problem.

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