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LegalEagle1, Criminal Lawyer
Category: Criminal Law
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Experience:  Practicing attorney licensed for over 23 years.
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I am a former full-time police officer in Illinois. About a

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I am a former full-time police officer in Illinois. About a year ago I was laid off when the dept was disbanded. Nearly a month ago, my wife was given an emergency OP (going through divorce) in civil court, fabricating a story to thwart my chances of getting full custody of kids. I told her attorney I would NOT agree to an injunction he was proposing as it might prejudice my case in a custody battle, and I was not stipulating to anything when I didn't do anything wrong. Attorney got upset and said "Fine, we'll continue this another 30 days!"....Just yesterday, a part-time police officer position was offered to me, which I did not expect to come to fruition. How can I get my firearm back from the State's Attorneys office with an active OP? My court date is still another three weeks away.
Hello and thank you for requesting me.

Fortunately or unfortunately, depending upon your perspective, your situation is not very common one. If you are represented by an attorney, he would contact opposing counsel and see if an agreement to be worked out to have the Brady bill disqualification removed and your firearm returned. If an agreement cannot be worked out, then your attorney would arrange to have a conference either in person or about on the telephone with opposing counsel and the judge to decide how to address the issue.

I believe that you are representing yourself pro se. I also recall that your relationship with your wife's counsel is acrimonious. You can attempt to have a conference with opposing counsel however, I would expect that he is not going to be very receptive to your phone call if he even accepts it. Given the fact that your livelihood is on the line, you may to consider consulting with a local attorney to see if he represent you on a limited basis to attempt to negotiate having the firearm restriction lifted.

Absent working out an agreement or having a conference with the court, your other option is to file a motion to have the Brady bill disqualification and firearm restriction removed. when you filed this motion be sure to be scheduled for a hearing as soon as possible. If there are no sooner dates available the court most likely will schedule it to be heard on your next court date.

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