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Old 12-26-2012, 12:07 AM
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Heiko Heiko is offline
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I think you will need a court order for a return of property at the conclusion of the case, or even possibly before it is concluded. I think the property clerk at the police department would not release it without a court order; not a DOJ form, a court order stating with particularity what you want returned and with who it is to be released to, and with the official red court stamp on it. I say that you could get it back before the case is concluded because if he is only charged with the loaded firearm and the AR is not in any of the charges, it would not be needed for evidentiary purposes.

You will need an attorney, possibly even the one representing your friend since he is already making appearances on the case, draft the order and request the court grant it. I would provide any and all proof of legal ownership as an attachment. The DA may or may not stipulate and the judge may or may not sign the order but I think that's what you have to do.
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