QUESTION

How do i get my guns back after a domestic violence case was dismissed. Im in a hurry because they are scheduled for destruction.

Asked on Jan 04th, 2014 on Domestic Violence - Texas
More details to this question:
I am a former police officer and had my guns seized on August 8, 2013 for domestic violence. My case was dismissed due to lack of evidence and i need to know how to get them back because they are scheduled for destruction. I do not have a lot of money so need to try and file myself.
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1 ANSWER

Draft a motion; doesn't have to be anything special. Put the caption of the case at the top (State of Texas v (your name) on the top left; the court number on the right). Google search for a moron to get an example. Title the login Motion to Return Property. In the body of the motion write what happened: your name is. ... and on date you were arrested for assault, giving rise to cause number blank in whatever court. As a result of the arrest the following property was seized: (list guns with serial numbers or something that describes them). The aforementioned property is currently in the possession of (dept), and being kept at (location of the property room). On date the case was dismissed,  dismissed due to whatever reason. As there is no longer any pending case and the guns were not used in the commission of any crime I would respectfully request this honorable court order the (whatever agency had them), (property room location if different) immediately return the guns to (your name and tdl and probably address; enough info to specifically Id you). Put a line at the bottom of the motion and sign it. Underneath write Pro Se Defendant.  Make an exact copy of the motion. On the second copy change the title to Order on Motion to Return Property.  In the slave between the signature line and the stuff above it write: Defendants Motion to Return Property is: GRANTED/DENIED.  Take three total copies to the court where your case was. You may want to call ahead and ask the da and clerk to have your files in the court that day. Go to court.  Tell the bailiff you're apro se defendant,  your case was dismissed, and that you have a motion you'd like to file. If they let you approach,  give your copies to the clerk (all 3) and ask him/her to file stamp all three copies for you. The original is for the judge. Give one of the file stamped copies to the da. The other is for you. Ask the clerk if you can approach the judge or if they will call you up. When you approach the  judge you can basically tell him/her exactly what the motion says.  If the bailiff won't let you approach, go file the motion in the clerks office. Then call the court and ask the coordinator what you need to do next.  These aren't terribly expensive to do, so if you run into problems give me a call.  Good luck!   
Answered on Jan 05th, 2014 at 3:31 PM

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