how long can the county attorney keep my gun after charges have been dropped

How do I get a gun charge dismissed from court?

1. Get the minute order in the court file that says the case is dismissed. 2. Hire an attorney to make contact with local police immediately. A letter should be written putting law enforcement on notice to NOT destroy the weapon. 3. You may need to go to a Superior Court Judge to compel law enforcement to return the weapon...

How long can a police officer hold a gun without permission?

It depends- As a general rule, Police may hold the guns as long as required if they are prosecuting a case against someone--there is no specific time limit. However, if they are not bringing charges against someones they cannot hold the property and you should hire an attorney to sue the police to recover your items.

How do I get my gun back from the police?

You may need to go to a Superior Court Judge to compel law enforcement to return the weapon...

Can you own a firearm with a misdemeanor?

If the conviction is on the record, a person is prohibited from owning a firearm under both state and federal law even if the convictions are for misdemeanors. This can be particularly difficult for individuals who accept no-jail plea bargains to misdemeanor domestic violence charges in order to avoid felony charges.

How long does the DA have to file charges in Louisiana?

How long does the District Attorney have to file charges if I am charged with a misdemeanor offense? If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

How long does the DA have to file charges in Oklahoma?

How long does the District Attorney have to file felony charges? After you've been arrested for domestic abuse, the District Attorney has 60 days to file felony charges against you.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors are supposed to both enforce the law and "do justice." Doing justice means that a prosecutor occasionally decides not to prosecute a case (or files less severe charges) because the interests of justice require it, even if the facts of the case might support a conviction.

What is a 17b Motion in California?

A Penal Code 17(b) motion is a petition asking the court to reduce a felony offense to a misdemeanor. This is only possible if the felony is a wobbler, meaning the offense could have been originally charged as either. a misdemeanor or. a felony.

How long can one county hold you for another county in Oklahoma?

A: Generally, the arresting county is going to transport the person to the original county where the FTA occurred so they can appear in court. The county can hold the person up to 30 days before they transport them. If the warrant is from out of state, the county will not extradite them unless it is a felony.

Does the state of Oklahoma have a statute of limitations?

The statutes of limitations differ by type of civil claim or criminal charge, while murder and other serious charges typically have no statute of limitations in Oklahoma or other states. Oklahoma's civil statute of limitations range from two to five years for most causes of action, and one year for defamation claims.

What makes a criminal case weak?

The are several signs that a criminal case is weak and a good prosecutor will not even pursue such a case until they're sure they can convince a judge that the case deserves a trial. As discussed, principal signs of a weak case include lack of evidence, illegal arrest, lack of witnesses among others.

Who is more powerful judge or prosecutor?

Although the prosecutor makes a recommendation, the Judge holds the ultimate power.

When a prosecutor decides to drop a case this is called?

Nolle Prosequi. The term used when a prosecutor decides to drop a case after a complaint has been formally made. Reasons for a nolle prosequi include evidence insufficiency, reluctance of witnesses to testify, police error, and office policy.

What is a Romeo motion?

A Romero motion is where you ask the court to remove or “strike” a prior strike conviction so that it does not get used against you as to sentencing. You can bring the motion at any point in a California criminal case up to and including the sentencing hearing.

Does 17b restore gun rights in California?

Having your felony conviction reduced to a misdemeanor under Penal Code 17b restores your voting rights, gun ownership rights, and, in some instances, your ability to obtain or maintain your professional license.

What is a 1203.4 motion?

A 1203.4/1203.4a petition allows a person to withdraw his or her plea of guilty or plea of nolo contendere and enter a plea of not guilty; or, if he or she has been convicted after a plea of not guilty, the court shall set aside the verdict of guilty.

How long do police have to file drug charges in Oklahoma?

three yearsWhether the drug charge is a misdemeanor possession or felony possession, the state has three years to press charges. However, this three year statute of limitations period is not effective when the person is not a resident of Oklahoma or is outside the state of Oklahoma.

How long do the police have to charge you?

For summary only offences, which are heard in the Magistrates' Court, the case must be heard within twelve months of the crime. For example, in a case of common assault, if it took place on 1 December, the trial must take place before 1 June. However, for indictable offences, there is no such time limit.

How long can debt collectors try to collect in Oklahoma?

five yearsIn Oklahoma, for most debts, a creditor is afforded five years to take legal action on a debt. After the statute of limitations has expired, a creditor or debt collector can no longer sue you for the debt.

Can you be charged with a crime without knowing?

Can you be charged with a crime without knowing? If you're charged with a crime, you'll know about it, sooner or later. Mistakes do happen, and mistakes can happen, but it is rare to nonexistent for a person to be charged with a crime and not know it.

How long is a state prosecution pending?

Continuously absent from state or no reasonably ascertainable residence or work within the state, while prosecution is pending: maximum extension 4 yrs.; prosecution pending

How long is a murder felony?

Murder, Class A, B, or C felony: none; most other public offenses: 7 yrs.

How long does it take to get a felony for murder?

1st or 2nd degree murder: none; other felonies in 1st and 2nd degree: 6 yrs.; all other crimes: 3 yrs.; except if offense included official misconduct, fraud or breach of fiduciary trust: max. 9 yrs. felony, 6 yrs. misdemeanor

How old do you have to be to be a sexual misdemeanor?

Sexual misdemeanors: sexual abuse in the 3rd degree or sending, furnishing, exhibiting or displaying obscene materials to minors: 4 yrs. after the offense is reported or if victim is under 18 yrs. old, upon turning 22 yrs. old, whichever occurs first

How long does it take to get a felony conviction?

Murder or Class A felony: none; most other felonies: 5 yrs.; sexual abuse, exploitation, or assault: 30 yrs. after victim reaches majority or 5 yrs. from date victim notifies law enforcement, whichever is earlier; special provisions apply when forensic DNA evidence later identifies the perpetrator

How old do you have to be to be a murderer?

Murder: none; kidnapping, extortion, assault with intent or conspiracy to murder: 10 yrs.; others: 6 yrs.; if victim was under age 18 for any degree of sexual conduct or assault with intent to commit sexual conduct or any sexually abusive activity or material to minor: 10 yrs. or when the victim turns 21 yrs. old, whichever is later; if DNA evidence obtained: none until offender identified, then 10 yrs. after identification or when victim turns 21, whichever is later.

How long is the statute of limitations for a level 3 felon?

Some states classify their crimes in categories for these purposes. In Indiana, for example, Level 3 felonies have a five-year statute of limitations. This makes it necessary to look up which crimes are considered Level 3.

What to do if you are charged with a gun?

If charges are still brought against you, exercise your right to remain silent until you have proper representation. Gun charges are extremely serious and in order to strengthen your chances to get your charges dropped, you must remain calm and refrain from divulging unnecessary information.

Why are gun laws so complicated?

Gun laws are tricky because they are so variable throughout the states. States like Louisiana allow residents to purchase a firearm without an issued permit , whereas states like Illinois require you to receive additional identification just to own a firearm. This variability causes a lot of ambiguity when individuals travel and/or move from state to state while carrying a firearm.

What is the leading cause that brings gun charges against residents?

Another leading cause that brings gun charges against residents is illicit use . This does not necessarily mean shooting someone or murder charges. However, that in itself is a much more serious situation. Illicit could include:

How to get charges dismissed after a lawyer is contacted?

After charges are pressed and a professional lawyer is contacted, it is crucial to trust your lawyer and follow the necessary steps to see your charges dismissed. This means telling your lawyer everything. In order for your lawyer to work as efficiently as he/she can, it is crucial that they are aware of every aspect of your case. Most lawyers will accept your case when they feel they can successfully negotiate favorable terms. In order to help your lawyer help you, disclose all the information you have and follow the instructions they give you.

Is a gun charge a criminal offense?

Gun charges are very serious criminal offenses. Gun charges can be brought upon individuals for carrying without proper permitting, transporting a firearm incorrectly, and illicit use. In addition, being involved in another crime along with your gun charges can complicate the situation. If you are arrested for drug charges and are also carrying a weapon, this could make charges more severe.

Can you buy a gun without a permit in Louisiana?

States like Louisiana allow residents to purchase a firearm without an issued permit, whereas states like Il linois require you to receive additional identification just to own a firearm. This variability causes a lot of ambiguity when individuals travel and/or move from state to state while carrying a firearm.

Can a 17 year old carry a gun?

Outside of these circumstances, those under the age of 17 can not carry a firearm. This can often be trouble when minors are transporting their firearms without the proper paperwork. Another leading cause that brings gun charges against residents is illicit use.

2 attorney answers

I am sorry to hear this, you may attain the docket sheet from court and/or the transcript and bring that to the police, good luck and take care.

Howard M Lewis

1. Get the minute order in the court file that says the case is dismissed. 2. Hire an attorney to make contact with local police immediately. A letter should be written putting law enforcement on notice to NOT destroy the weapon. 3. You may need to go to a Superior Court Judge to compel law enforcement to return the weapon...

What Happens If a Prosecutor Charges a Case Whose Statute of Limitations Period Has Run?

If a prosecutor charges a "stale case," it may still proceed through the courts. It's up to the defendant to figure out whether the statute has "run" and to raise the issue with the judge. Judges do not take it upon themselves to review cases for possible limitations problems.

What happens if you plead guilty to a reduced charge and later learns that the statute of limitations had expired?

For example, if someone pleads guilty to a reduced charge and later learns that the statute of limitations had expired, that person is out of luck. By law, he waived his right to rely on the statute of limitations by not raising the defense while the case was pending.

What happens if a prosecutor charges a stale case?

If a prosecutor charges a "stale case," it may still proceed through the courts. It's up to the defendant to figure out whether the statute has "run" and to raise the issue with the judge. Judges do not take it upon themselves to review cases for possible limitations problems.

How long can a murder charge be?

murder charges: no time limit. serious felony charges: six years. misdemeanor charges: two years, and. petty misdemeanors and infractions: six months. States cannot retroactively change the rules to allow prosecution of crimes that are already barred by an existing statute of limitations.

When a crime unfolds over a period of days, months, or even years, prosecutors and defense attorneys?

When a crime unfolds over a period of days, months, or even years, prosecutors and defense attorneys may have conflicting positions about when the statute of limitations started to run or was tolled.

When do statutes of limitations start?

Statutes of limitations generally start to "run" on the date that crimes are committed. If the applicable time limit expires before criminal proceedings begin, charges should not be filed (but it's up to the defendant to raise the problem).

What are the temporary rules for courthouses?

Courts around the country have issued orders temporarily closing courthouses, suspending jury trials, and creating temporary rules. Some of these rules extend criminal court deadlines (including speedy trial deadlines), and a few states have suspended criminal statutes of limitations.

Can you own a gun if you have a conviction?

The answer to this question, with very little exception, is a resounding: No. If the conviction is on the record, then under both federal and state laws, a person will be prohibited from owning a firearm. Many people are surprised to find out that this even applies to individuals who have been convicted on misdemeanor domestic violence charges. This can be particularly difficult for individuals who accepted no-jail plea bargains to misdemeanor charges in order to avoid more serious risks and consequences associated with fighting felony charges, or just going to trial.

Can a domestic violence charge be brought against a non-married person?

In some jurisdictions, domestic violence charges cannot be brought against a non-married defendant.

Can you own a firearm if you have a domestic violence conviction?

For almost 50 years now, federal law has been rather clear that individuals who have convictions for domestic violence charges cannot legally possess firearms. The Gun Control Act of 1968, as well as the Violence Against Women Act of 1994, explicitly state that individuals may not own a firearm after a conviction for domestic violence, domestic assault, or equivalent crime, as well as when a domestic violence or harassment restraining order has been awarded.

Why do police keep defendant's clothes?

The defendant was arrested a few hours later because his clothes matched the victim’s description of the suspect’s garb . The prosecutor will want to keep the defendant's clothes in order to present them in court as evidence that the defendant was the assailant.

What happens to personal property in police station?

Personal property can end up in the police station evidence locker even when it was not owned by the person arrested for the crime. For example, the clothing of a sexual assault victim may contain evidence of the attacker’s bodily fluids that, when tested, can be compared to the defendant’s profile. The prosecutor will keep it for that reason. Or, if you’ve been robbed of your cell phone, that phone might eventually be shown to you in court when you’re asked to identify it as yours (earlier, the arresting officer will have testified that it’s the phone he found when he searched the defendant upon arrest). Again, a homeowner’s burgled property won’t be returned to him until the case is definitively over (post-appeals).

What is forfeiture law?

Forfeiture laws allow law enforcement to seize and sell (for their benefit) items such as cars used to commit or flee a crime. Police can also keep cash that represents the proceeds of a crime (say money from drug sales). When property is subject to forfeiture, time can be of the essence. Forfeiture can happen even before the owner has been charged with a crime, let alone convicted.

What happens when police confiscate property?

When police seized property used or involved in an illegal activity, state or federal law often allows the government to take the property and start forfeiture proceedings. If successful, the forfeited property becomes the property of the government—meaning the owner will not get the property back, even when the case is long over.

What do you do when you are arrested?

These items put into a locker or storage room for safekeeping. The jail personnel should give arrestees an inventory of everything taken , described sufficiently to enable identification. Authorities defend this practice as a way to ensure that weapons or contraband do not enter the facility, and to lessen the chances that belongings will go missing.

What do you do when you are arrested by police?

When police arrest and take a person to jail, the arrestee must hand over their personal effects, including their clothing and anything in their pockets, purses, and bags. Jail personnel will place these items into a locker or storage room for safekeeping and should give arrestees an inventory (receipt) of everything taken.

What happens if the government doesn't return property?

If the government fails to return the property, the owner can file a motion in court seeking the return of the property. A person might even ask the court to make the government return the property earlier on the basis that the government doesn’t actually have a need for it (for instance, the government can’t keep the property merely because it might be relevant to a future investigation).

Why Are Criminal Charges Dropped?

Criminal actions, such as the ones prohibited explicitly by the Texas Penal Code, are considered by our justice system to be wrongs against not just a victim or victims, but against society as a whole.

How to Know If Charges Were Dropped

Discovering whether a charge has been dropped requires knowing how the criminal justice system works. This is because the prosecutor may drop criminal charges by receiving a “no bill” by the grand jury for felonies or by a motion to dismiss the prosecutor after the charges get past a grand jury.

Get Your Charges Dropped with the Law Offices of Kretzer & Volberding

When you are trying to have criminal charges against you dropped, you will need Texas lawyers who possess the right resources and know-how to get charges dropped against someone. For the best criminal defense attorneys near you, contact attorneys Seth Kretzer and James Volberding today via our website or by phone at 713-775-3050.