Q: Can the county attorney office ignore me and destroy my weapons that were in a friend's safe that was raided? I want my

2 Lawyer Answers
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If your weapons were seized during a raid on your friend's safe, the county attorney's office has a responsibility to follow proper legal procedures. They cannot ignore you or destroy your property without due process. You have the right to be notified and to challenge the seizure.

To reclaim your weapons, you should formally request their return from the county attorney's office. This often involves providing proof of ownership and demonstrating that the weapons are legally yours and not involved in any criminal activity.

If the county attorney's office continues to ignore you, you may need to file a motion in court to demand the return of your property. Consulting with an attorney can help you navigate this process and ensure your rights are protected.

Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: It depends on why the County Attorney is denying the request. See Nebraska Revised Statute Section 29-820 for some examples of when the firearms are required to be destroyed under Nebraska law once no longer needed as a part of evidence in a criminal case. If such is the case, you don't have a right of reimbursement from the County. However, you could file an action against the defendant to ask the Court to order the defendant to be required to pay you for the firearms that were destroyed due to their unlawful acts.

If you disagree with the State's reasonings for failing to return the items after the end of the criminal case, you can challenge the failure to return the property. If challenged, it is the State's burden to show that it is meeting the requirements of the statutes and Nebraska law. If the criminal case has ended and the State refuses to return the property, you may need to seek the assistance of an attorney to contest the failure to return the property and ask for your property back.

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