Pistol confiscated, but I'm not being charged... any advice?

[fronttowardenemy]

Unfortunately, the case is still technically "open". Sentencing is in a month, near the end of May. After that I can apply to get it back.

Does it matter that the perp pled guilty, non-negotiated to most of the charges?

[Deleted]

Unfortunately, the case is still technically "open". Sentencing is in a month, near the end of May. After that I can apply to get it back.

Does it matter that the perp pled guilty, non-negotiated to most of the charges?

The ADA handling the case can get a "return order" at sentencing. We do it all the time at the end of cases when we need destruction orders for drugs or other evidence in a case.

[Pointman73]

In most other States, your firearm would not have been taken as long as you legally possessed it. There is no reason to seize property or evidence from someone that is not a suspect.

Great way to make your citizens feel good about protecting themselves Philly.

I moved back here for this?

[ragequit]

Curious if this was resolved. I seem to be in a sort of similar situation. I'll post details in a few days, after I compile a bit more info and see if my property is returned by then. I don't expect it to be...

[fronttowardenemy]

Negative. The defendant is still awaiting sentencing. He was supposed to go in May but his attorney didn't show up or some bullshit and now he's scheduled for a court date in August. At this point I'm just going to buy another 9mm to go with all the other guns I've gotten since this started.

[fronttowardenemy]

Sorry if this is necroing a thread, but the case is finally closed. DA's office called me with details on how to recover my property:
1) Get copies of the property receipt from the DA's office (the PPD 'forgot' to give me a property receipt for the pistol, but I got receipts for all the other crap they bagged as evidence)
2) File a Petition to Return Property (or something like that) at the courthouse in CC
3) Attend hearing scheduled after filing and case will be reviewed.
4) If it's approved, go to City Hall evidence storage with some paperwork and get my gun back.

Will update once the paperwork's in order and petition is filed.

[Jhaydeno]

It's not a necroing thread, most of the guys here love a happy ending (except maybe Ungawa), especially when it involves the PPD. Let us know when you finally get your firearm back! Remember, if they give you a hard time, mention the PA law in the consolidated statutes 61xx that specifies they will pay your lawyer costs to recover a gun, then call Phil, aka Gunlawyer001.

[Deleted]

Sorry if this is necroing a thread, but the case is finally closed. DA's office called me with details on how to recover my property:
1) Get copies of the property receipt from the DA's office (the PPD 'forgot' to give me a property receipt for the pistol, but I got receipts for all the other crap they bagged as evidence)
2) File a Petition to Return Property (or something like that) at the courthouse in CC
3) Attend hearing scheduled after filing and case will be reviewed.
4) If it's approved, go to City Hall evidence storage with some paperwork and get my gun back.

Will update once the paperwork's in order and petition is filed.

That's all B.S. the ADA can do ALL of that for you. You shouldn't have to do shit on your own except show up with the court order and say, "Smile"!!!

[Bang]

Letter to DA, asking that an ADA do those things at the convenience of the office, pointing out you are/were a witness for the commonwealth as well as a crime victim.
Point out that this is the DA's Office arena, and you would be stumbling through what they do every day, and please, you would appreciate the help.

Or, get 3 on your side to look into how a crime victim has been so shoddily treated.

Lesson learned. Next time, use a Hi-Point. They are disposable. In fact, they are so low on the gun list, the cops probably won't want to take it.

There is a victim support organization. Maybe they could pull some strings.

[Python73]

Phil, Thank you for sharing your knowledge, advice, and referrals in these discussion forums. You have given a lot of good advice to many at no cost to the benefactors. I have learned from you, and I appreciate that.
Cyclops

+1 to that ^ right there. Really a boon having guys like him on the board.

In most other States, your firearm would not have been taken as long as you legally possessed it. There is no reason to seize property or evidence from someone that is not a suspect.

RIGHT?!? How the hell is the weapon used to defend yourself in a break in goddamned evidence? Even if they were trying to prove that you shot him (and why would they) they wouldn't need your gun. You have three eye witnesses. I can only imagine the trauma of having to shoot someone who breaks into your home, and then having the cops roll in and start bagging up YOUR stuff. I'd be insane. Makes me slightly enraged just reading about it. Utter nonsense.