San Antonio, TX asked in Criminal Law for Texas

Q: I had agg.asslt w/deadly wpn chrg against my spouse. Case dismissed. How does she get her firearm back?

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3 Lawyer Answers

Roy Lee Warren

Answered
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: She will need to file a Motion to Return Seized Property with the court where her case was pending. You can ask the DA to agree to the motion which will help expedite the process.

Donald Rudolph Taylor agrees with this answer

Gary D. Peak

Answered
  • Criminal Law Lawyer
  • Eastland, TX
  • Licensed in Texas

A: I would have her see if the attorney who represented her will be willing to ask the DA to agree to release or prepare a Motion for her to file if he won't file it. The attorney may charge for this additional service or may be kind enough not to.

Donald Rudolph Taylor agrees with this answer

Donald Rudolph Taylor

Answered
  • Criminal Law Lawyer
  • Eden, TX
  • Licensed in Texas

A: File a Motion to Return Property with the clerk of the same court the case was dismissed asking to be heard regarding the gun. The Motion requesting return of the gun. Here's one that I drafted. Serve the DA with a copy and speak to someone in her office about agreeing to return it. They may still want you to file the motion for paper trial reasons.

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