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Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 510
Experience:  Managing Attorney at a Law Firm
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In 2014 I had an argument with my wife I went to jail for 2

Customer Question

in 2014 I had an argument with my wife I went to jail for 2 days then spent 12 months going to court just to get another date . after 12 months I needed to get things done because I had taken so many days off for court dates . the da finally offered a plea deal but before I agreed I asked about my gun rights he assured me after {successful} completion of my probation I would have to file for an expungement and try to get my rights restored but I wasn't aware that in nc his info was a total lie but I offered to take my chances as long as my gun collection would be returned to my wife and children so they could continue training and enjoying their gun rights with their mother . the judge agreed to that upon completion of all the stipulations . which I did my probation office terminated my probation early gave me the paperwork I would need to retrieve my guns from the sheriffs they told me to take it to the court and it would take a few weeks to get a court date and when I came back it would take a couple hours to complete .when I went to court the judge just said I was disqualified and that was it . the sheriff tole me to contact the lawyer on this case . when I contacted him he said he couldn't help and didn't remember saying any of that stuff . im looking to find out from a REAL lawyer if there is any way she can retrieve the guns that her and my children are co owners of.and if there is any course of action to getting rights restored
JA: Because family law varies from place to place, can you tell me what state this is in? I'm trying to find the right Lawyer for you right now. As soon as they are ready, I will let you know. Has anything been filed or reported?
Customer: north Carolina I had a signed order from the judge that says when probation was completed successfully the guns would be returned . but now im finding out that I was just told what they needed to so I would take the plea deal .if they told me there was no chance of restoration or return of guns to my family I would have taken a chance with trial.i
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's it . just wondering if there is any chance to fight for all this or is it just a losing battle
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 7 months ago.

Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship.

I'm sorry to hear about your situation, it definitely sounds like you've been given the run around. I'm going to give you some clear cut answers (even though it might not be want you want to hear) so at least you'll have some accurate information on the law.

If your case was a misdemeanor domestic violence charge-- there is a federal ban on your gun rights. If it was a felony, then I'm sure you know, there is a federal ban on your gun rights.

Currently, there are no pardons or reviews being done at the federal level for gun rights restoration because of the fact that Congress did not allocate the appropriate funding, and as such it's been at a standstill with nothing being able to be processed at this time.

However, as pertaining to the physical guns for which your wife is a co-owner, those can and should be restored to her, especially given the fact that you have a signed order from the judge stating so.

My recommendation would be for your attorney, or a new attorney, if your old one is being less than forthcoming, file a motion to have your guns returned and have your case put back on before the judge. Attached to the motion should also be a copy of the signed document from the judge stating that the guns would be returned to your family after successful completion of your probation. They should then be returned to your family.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

Expert:  Nisha Jones, Esq. replied 7 months ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!