Odenville, AL asked in Criminal Law and Municipal Law for Alabama

Q: Can a investigator legally keep your gun out of the evidence room

My wife got arrested last year the lady over the evidence room was going to give me my gun back and she said the investigator has the kind I contacted the investigator and he said the only way I could get my gun back is if she turns in names how is he legally able to keep that gun out of the evidence room when she has not been convicted of anything yet but the person over the evidence room was going to give me my gun back but it's not there this is an Alabama

Related Topics:
1 Lawyer Answer
Travis T Juneau
Travis T Juneau
  • Criminal Law Lawyer
  • Tuscaloosa, AL
  • Licensed in Alabama

A: The police are allowed to keep the firearm for evidentiary reasons, meaning it is evidence in a crime until that case is concluded. A case is not concluded until the person is found either A) not guilty or B) all appeals have been exhausted. If the person is convicted, I would anticipate that the firearm would be condemned by the State at which point it would be destroyed anyway. Also, if the firearm has been submitted for testing, you will not be able to get the fire arm back until all testing is concluded, at the earliest. If your jurisdiction is working with the federal government, and I believe they are mandated to work with federal agents hen firearms are seized, they will have to test fire the firearm and submit the expended shell and projectile to NIBN for inclusion in the federal firearms database. Lastly, most jurisdictions require an evidence released be signed by the prosecutor or DA's office before they will release property that was taken as evidence to a civilian.

In conclusion, until your wife's case has reached conclusion, you will, in all likelihood, not get your gun back.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.