There are attorneys in Indy that specialize in gun cases. It appears they are stone walling you. I would see about having an attorney send tr prosecutor a letter. When you were released without charges that should hsve been the end of it. If you legally possesed the gun and had a back ground check, why would they need another?How long can LE hold on to my firearm after a seizure?
Some particulars regarding the seizure:
-I was detained for an incident but not charged and then released that same night with some of my property excluding my firearm, magazine, extra mag and holster. I was told they would call me when I could pick up my property.
-Was never called so two weeks later I went to the property room and they released my magazine, ammo, extra mag and holster. I was told my firearm would still be held pending whether or not the prosecutor wanted to press charges or not. Was told this could take several weeks plus. Was told there would also have to be a background check before the firearm's release so filled out some paperwork and got printed.
-5 months later still no call so went back to the court house and was told that the firearm was still being processed. Was informed that the arresting officer had just signed off on it (only a week or so ago!) but it still had to be reviewed/background checked and that there was no definitive time frame for this as there were thousands of cases before mine.
Is this a 4th amendment issue?
Do I have grounds for a lawsuit here?
Does anyone know a good lawyer who might handle this case pro bono?
If there is no difference in how you shoot with both, I'm on board.
If you shoot the Sig a lot better, then you should carry the Sig.
How long can LE hold on to my firearm after a seizure?
Some particulars regarding the seizure:
Was told there would also have to be a background check before the firearm's release so filled out some paperwork and got printed.
-5 months later still no call so went back to the court house and was told that the firearm was still being processed. Was informed that the arresting officer had just signed off on it (only a week or so ago!) but it still had to be reviewed/background checked and that there was no definitive time frame for this as there were thousands of cases before mine.
How long can LE hold on to my firearm after a seizure?
Some particulars regarding the seizure:
-I was detained for an incident but not charged and then released that same night with some of my property excluding my firearm, magazine, extra mag and holster. I was told they would call me when I could pick up my property.
-Was never called so two weeks later I went to the property room and they released my magazine, ammo, extra mag and holster. I was told my firearm would still be held pending whether or not the prosecutor wanted to press charges or not. Was told this could take several weeks plus. Was told there would also have to be a background check before the firearm's release so filled out some paperwork and got printed.
-5 months later still no call so went back to the court house and was told that the firearm was still being processed. Was informed that the arresting officer had just signed off on it (only a week or so ago!) but it still had to be reviewed/background checked and that there was no definitive time frame for this as there were thousands of cases before mine.
Is this a 4th amendment issue?
Do I have grounds for a lawsuit here?
Does anyone know a good lawyer who might handle this case pro bono?
Thanks again, for your help with this!
From the answers above, it looks as if management is the problem. How do we citizens help to solve this?
NOT a wish idea... you do that and my guess is the feet will REALLY start draggin'I wonder if you could report it stolen to the state police or the Feebs.
Another, IMO, not so good ideaWhat about filing a small claims court action against the prosecuting attorney for refusal to return property?