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
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.
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.
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.
