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Return Evidence to estate charges dismissed


mab22

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How do you get evidence, confiscated firearms returned?

My apologies if this has already been addressed.

 

Short version,

I am in charge of an estate, and I am looking for every dollar available.

 

I found that the deceased was charged with a crime involving firearms, and they were confiscated by a judges order, but the case was dismissed not guilty.

 

I found the confiscation order from the judge and the case number.

 

How do I go about getting the firearms back, OR finding out if they were already returned?

 

Thank you!

 

 

 

 

 

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Having been through it myself after the frivolous charges against me were entirely dropped.

 

You can 'ask' the prosecutor and/or police department holding the property to return it, but I suspect you have about zero chance of that actually working in most areas of IL, leaving you will little recourse beyond petitioning the court to compel the return of the property, and for that I would suggest you consult an attorney.

 

FYI it cost me more in attorneys fees fighting to get my property (including a firearm) back than the property was worth, so consider you might be stuck between a rock and hard place if your goals are financial.

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I'm an amateur... I did successfully write my own divorce settlement.

 

Before consulting a paid attorney, I would want to know as much about the process as possible.

A starting point google search using this phrase (petitioning the court to compel the return of the property illinois) brought up some results.

 

Good luck to you!

 

Just to add this... If you do some or most of the work, perhaps it would cost less in attorney fees should you wish to hire one. Knowing what to expect is always a good thing.

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Retired LEO command officer from Crook County, and I some my duties was our evidence room. From my experience, if the property firearm was taken under a order of protection there was a little line in the order that said the police dept shall keep the firearm "until further order of the court". I would warn people that if the case was dismissed, to have the Judge write an order that the police should return the firearms in question. Bringing in paperwork that said the case was dismissed was not enough according to our village atty. You may be required to go back to court call up the case and ask the judge to write the order. Don't know if the judge would be willing to do that.

 

If the case was some time ago, the PD may have already destroyed it. We would send letters to property owners after the case was dismissed and then keep it for a year (each agency is different) then we would destroy it if no one came in for it.

 

I would call the PD - not sure if you are going to be successful if its Chicago, ask to talk to the evidence guy and see if it's in the evidence room 1st. If they still have it explain that you are in charge of the estate and are wanting to get the property back for the estate. Who knows, he PD may release it with paperwork showing you are handling the estate and a death certificate.

 

Good Luck

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  • 2 weeks later...

Thank you for the responses, I appreciate it.

What I will do is

 

Contact the PD with the case number to find out if the evidence was returned or not, then if it was not ask if it is still available.

 

If the evidence is still available ask what is required to have it turned over to the estate.

 

I will post the outcome when I there is an update available.

 

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