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I had a firearm that discharged but accident. I had a

Customer Question
I had a firearm...

I had a firearm that discharged but accident. I had a license to carry.They never read me my rights. The officer said, "I you don't do what we say you will be taken to county." The officers placed me in handcuffs, placed me in a small cage in the police vehicle and my leg could not fit. I told them, "I cannot fit".The officer said, "I put bigger people in here you can fit. They pulled me out by my shoulder and put me in another car. When I got to the station, they took my shoes, jacket, belt, and other belongings. Then locked me in a cell for a few hours. Then I was questioned through the cell. They had no evidence, and no statements in court. The court hearing was in regards ***** ***** firearm license being suspended or not. The judge said he was not going to suspend my license and dismissed the charge. The judge said, "I will be sending a court order for the officer to release your firearm to you." However, I have been attempting to attain my firearm on several occasions, and the officer has been telling his secretary to tell me he will call me back, he is in a meeting, or out of the office. Therefore, I went today asked for my firearm, and the officer said he took it upon himself to report me to the ATF. He said he was to receive the court order from me and not the judge. Does this sound like my rights were violated to you?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Indiana

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This happened October 11th No

Submitted: 5 months ago.Category: Criminal Law
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12/12/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,486
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post and I am working on a reply. YOu will receive an answer shortly.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago

The short answer is yes, it sounds as if your rights were violated, particularly with regard to the failure of the police to give you your firearm back. Once police feel that your gun or gun rights should be taken away, it becomes very difficult for you to get your firearm back.

This is true even if they judge refused to suspend your permit and if the prosecutor was willing to release your weapon back to you. This behavior isn't legal. You're going to need a lawyer to get you back before the judge who dismissed your case and have him order the police to return your weapon. If the police fail to abide by the judge's order, you're going to have to sue them.

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Customer reply replied 5 months ago
What kind of attorney should I get?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago

Most private criminal defense lawyers can handle this as they generally handle civil matters too. Initially, you'd need a criminal defense lawyer to go before your judge in criminal court and get the judge to order the police to return your property. Suing the police is civil, but you may not even have to get to that point. The same lawyer with a general criminal and civil practice should be able to follow up and go after the police if necessary.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 5 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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