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Hearing for Return of Firearms

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  • 01-06-2010, 07:45 PM
    gear jammer
    Hearing for Return of Firearms
    My question involves criminal law for the state of: Michigan
    Back in Oct. I was charged with DV non aggravated. I was arrainged in early Nov. for a pre trial in early Dec. At arraingment the judge ordered me to turn in any firearms I owned based on what my fiance said in the police report. She said I was bi-polar and might hurt her or myself. I did as the court ordered and surrendered them to local police in the same city I was charged. I might also add that I am not bi-polar and have never been diag. as such.
    At the hearing in Dec. she spoke to the prosecutor for about 20 minutes before my attorney did. The plea they offered me was a reduced charge to disorderly conduct. In the court room when I plead the judge asked about the firearms. The prosecutor stated that the state does not object to me getting firearms back due to no prior record and being a responsible gun owner. Apparantly she told him that I keep my guns locked in a safe and has never seen them before. The judge then asked her if it was ok with her and she agreed. Judge said fine and told my attorney that the police might need a signed order, my atty. said if so he would get one made up and have him sign it. Well the police would not release them back to me without a court order so my atty. sent one to the prosecutor and the judge.
    Today I get a letter in the mail and so did my fiance stating that there is a hearing scheduled next week about returning my guns. I spoke to my atty. and he said he has never heard of this and wonders if they made a mistake. He also will not be able to come to court that day due to prior cases he has that day but he will try to call the judge.
    My question is do you think that they are holding them due to the bi-polar statement or that even though I plead to disorderly conduct that the justice system is still treating it as a DV conviction? If so I would have went to trial and took my chances. Also on the letter I received there is a different prosecutor listed. Also any idea what to expect at this hearing?

    Thanks in advance for any input.
  • 01-07-2010, 05:44 PM
    cyjeff
    Re: Hearing for Return of Firearms
    Maybe they are holding them due to the other charges.

    What are they?
  • 01-07-2010, 06:16 PM
    gear jammer
    Re: Hearing for Return of Firearms
    Cyjeff
    Thanks for the reply but there are no charges pending. The domestic violence charge was reduced to a disorderly conduct which I pled to. The hearing scheduled is to determine the outcome of my firearms which my fiance, prosecutor, and judge had already agreed to be returned to me when I accepted the plea they offered me.
    What bothers me is that I now have to miss another day of work for something that was supposed to of been done already. My probation officer which I now have due to the plea I took thinks that maybe the judge changed his mind or forgot he had already said I could have them back. If he changed his mind I do not know why.
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