almost off probation need help

**terry12** · February 14th, 2012, 12:11 AM

They want me to file a motion for return of property basically specify my firearm in detail give the docket # and percent that has it then go before a judge and he'll decide if I get it or not I've read some stores of what a hassle it is in Philly hope it's different in the county

**GunLawyer001** · February 14th, 2012, 12:24 AM

Originally Posted by terry12

I didn't want to throw my friend under the bus so I took that lose he made a mistake and so did I but I don't like to dwell on the past it already happened and it will be as if it never happened as far as my record Goes and he wants $1450 I think it was to simply file the motion the firearm costs me roughly $400 I'd rather try on my own and if that don't work try one more time if all else fails buy a new one

A petition for return of property has to be in a certain format, it's not just a letter or a fill-in-the-blank form.

You have to know what your burden of proof is, what the government's burden of proof is, and what admissible facts can prove any of the relevant issues. The STANDARD of proof is also relevant, it being a proceeding with quasi-civil and criminal aspects.

I'm not sure what you mean by trying it once on your own, and then trying again if you fail. If you fail and the gun is forfeited, you'd need grounds for appellate jurisdiction, you can't just go back to Common Pleas and try again.

This is why police get away with seizing so many single, low-value guns. Because the transaction costs of a successful appeal almost always exceed the value of the gun, and the statutory provision for an award of fees is never certain. Police are less likely to seize an entire collection without justification, because they know that the owner will take it to court.

**whoshisface** · February 14th, 2012, 12:47 AM

Gl,

Do they often just give up and turn it over if you file a petition?

I imagije they actually have to show up to defend keeping it. Am i right?

If they do i would imagine they would prefer to end it without a trial in most cases.

Originally Posted by GunLawyer001

A petition for return of property has to be in a certain format, it's not just a letter or a fill-in-the-blank form.

You have to know what your burden of proof is, what the government's burden of proof is, and what admissible facts can prove any of the relevant issues. The STANDARD of proof is also relevant, it being a proceeding with quasi-civil and criminal aspects.

I'm not sure what you mean by trying it once on your own, and then trying again if you fail. If you fail and the gun is forfeited, you'd need grounds for appellate jurisdiction, you can't just go back to Common Pleas and try again.

This is why police get away with seizing so many single, low-value guns. Because the transaction costs of a successful appeal almost always exceed the value of the gun, and the statutory provision for an award of fees is never certain. Police are less likely to seize an entire collection without justification, because they know that the owner will take it to court.

**GunLawyer001** · February 14th, 2012, 12:51 AM

Originally Posted by exceltoexcel

Gl,

Do they often just give up and turn it over if you file a petition?

I imagije they actually have to show up to defend keeping it. Am i right?

If they do i would imagine they would prefer to end it without a trial in most cases.

I wouldn't file the petition without first calling or writing and demanding the return of the gun. If they refuse me (and once a lawyer is involved, that refusal is less likely), then they will most likely contest the petition, since I'd ask for an award of fees.

**terry12** · February 14th, 2012, 03:25 AM

There are no fees but gas to get there at least for me the ppl in the clerk of courts looked up my file and said I had to pay nothing.
When I called the station they said they wouldn't return it without a court order