Posted: 11/17/2012 8:30:17 AM EDT
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Usually just read tons of Posts on this great site, but have a sort of legal question. I know law enforcement and the such read and are on this site.
Way over a year ago a business that I was working at (only my partner and I had access to the Fabrication shop) we had a break in, a guy working at a shop Next door went crazy stole a car, broke into our shop and stole a rifle of mine and then went to hernando county and comited a violent crime with the gun being fired many times. This had been in court for a year or so, I gave my Disposition over the phone back in June i beleive. The first trial date is coming up in December, (im supeoned to be there) My question is, what is the chance of actually getting my rifle back in my possession after the trial is over and done with? I was told by a detective that once it wasn't evidence any longerI would get it back. Anyone know if this is a possibility or not? Thanks for any input! |
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Had a pistol stolen back in '97. Cops said I would never see it again. Fast forward to '03 - got a call that a local PD had recovered it. Went down a few days later, showed them my ID, signed for it and they handed it across the counter. No drama, no BS. Not the same circumstances as yours, but it is still your legal property. Good luck. |
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How it is handled will depend on the agency. I've never seen consistency across the state. Not living near the recovering agency and hoping to have it shipped to you complicates things.
Where I'm at, based on the circumstances you describe, it can be returned directly to you with just the detective's signature authorizing release. Whether or not you want to keep it after that is up to you. Firearms can get pretty banged up by suspects or depending on how they are handled during the evidentiary process and lab testing. Best advice I can give you is to contact that agency's evidence custodian and explain that your stolen firearm is being held for evidence in a trial, and you want to know what their protocols are to return it to you. Good luck. |
| i too had a gun stolen and used in a crime. the gun was recovered , but i was not contacted by the local sheriff's office. once i determined the gun had been recovered (using Google search) i called the sheriffs office the next business day and said they would call me back in the next 48 hours as they needed to confirm that the gun was no longer being held on to as part of evidence for a trial. later that same afternoon i got a call back saying i could pick it up and once i showed up i gave them my id they handed me the gun and escorted me outside of the station. |
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Got mine back. Only issue was that I had alredy claimed it on insurance. Paid them a fraction of the value and have it to this day. I would suggest strongly that you put in writing your request with estimated value and send via notorized mail as some departments will destroy firearms after trial. This way you have recourse after that event to recoup your investment. Include serial #, date of theft, recovery and any pertainant case #'s. Both your report and the criminal case that is pending.
YMMV |
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Quoted:
Got mine back. Only issue was that I had alredy claimed it on insurance. Paid them a fraction of the value and have it to this day. I would suggest strongly that you put in writing your request with estimated value and send via notorized mail as some departments will destroy firearms after trial. This way you have recourse after that event to recoup your investment. Include serial #, date of theft, recovery and any pertainant case #'s. Both your report and the criminal case that is pending. YMMV Good advice I think. I recovered a S & W M19 that was stolen back in the 80's It was gone a couple of years, and Orange county initiated contact with me after they recovered it in a drug bust. Sadly, it's in the wind again for the last 20 years, reported stolen, but I'm pretty sure my Girlfriend at the time sold it or pawned it for drug money.... 
My best friend recovered his AMT Hardballer .45 that was taken from his truck in his driveway 5 years later. When he went to pick it up, he said " That's not mine!" Cop said serial number says it is... It came back as a custom longslide! 
My experience is you have to pick them up in person and present ID, YMMV. |
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Quoted:
Got mine back. Only issue was that I had alredy claimed it on insurance. Paid them a fraction of the value and have it to this day. I would suggest strongly that you put in writing your request with estimated value and send via notorized mail as some departments will destroy firearms after trial. This way you have recourse after that event to recoup your investment. Include serial #, date of theft, recovery and any pertainant case #'s. Both your report and the criminal case that is pending. YMMV Yes to this. You want to contact the person who manages the evidence to make sure he knows that you want it back. These people can be very busy and may not have time to contact the owner of the item. Sorry, sad fact of life. He should tell you what you need to do to get it returned to you. From what I've seen, they're pretty good about returning guns in Florida. There are some exceptions to this, but your post makes it sound like they will return it. I hope the guy who stole it gets twenty years. |
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Quoted:
Quoted:
Got mine back. Only issue was that I had alredy claimed it on insurance. Paid them a fraction of the value and have it to this day. I would suggest strongly that you put in writing your request with estimated value and send via notorized mail as some departments will destroy firearms after trial. This way you have recourse after that event to recoup your investment. Include serial #, date of theft, recovery and any pertainant case #'s. Both your report and the criminal case that is pending. YMMV Yes to this. You want to contact the person who manages the evidence to make sure he knows that you want it back. These people can be very busy and may not have time to contact the owner of the item. Sorry, sad fact of life. He should tell you what you need to do to get it returned to you. From what I've seen, they're pretty good about returning guns in Florida. There are some exceptions to this, but your post makes it sound like they will return it. I hope the guy who stole it gets twenty years. to ride the needle
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| Thanks for the responses, I don't get online much just had a chance to reply. I feel some hope for the recovery of my weapon! Trial starts Monday, there quite serious charges, 20years sounds lenient!. Im nervous on my half, but at least I'm on the good side of the "fence"! |
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My question is, what is the chance
of actually getting my rifle back in my possession after the trial is over and done with? I was told by a detective that once it wasn't evidence any longerI would get it back. Anyone know if this is a possibility or not? Probably not until the appeal cycle is exhausted - unless there's a plea bargain. |
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Quoted:
My question is, what is the chance
of actually getting my rifle back in my possession after the trial is over and done with? I was told by a detective that once it wasn't evidence any longerI would get it back. Anyone know if this is a possibility or not? Probably not until the appeal cycle is exhausted - unless there's a plea bargain. I think he gets it back now, since the actual item isn't required for the appeal. Facts are the purview of trial court. |