I have been told that Williamson County, Texas authorities are famous for keeping firearms, especially in DWI cases. Is it legal for them to do so if the case was dismissed and at the time of arrest you had a current concealed weapons license to carry a firearm?
DUI / DWI Attorney
Though not a Texas attorney, is seems a violation of your state and federal constitutional rights for them to keep your weapon if charges the case is dismissed. You are innocent unless proven guilty or enter a plea to some charges, so it sounds like you have a right to recover your weapon. I assume you will receive a response from a Texas attorney, so "stay tuned". If not, you should give your local bar association a call and ask them for a referral. Good luck with this situation.
William Daley (619) 238-1905 / www.lawofficeofwilliamdaley.com
If all of the charges have been dismissed and the gun was only being held from that incident, you should be able to file a request with the law enforcement agency that arrested you to have your property released. They may require a property hearing to determine that you are the correct owner of the property and that the legal issue causing them to keep your gun is resolved. These hearings are administrative and you would have an opportunity to show the court your proof of ownership of the gun and explain why you want it back. You can consult an attorney about this but if you prefer to handle it yourself, an attorney is not required.
The information provided does not constitute legal advice and is presented without any representation or warranty whatsoever, including as to the accuracy or completeness of the information. Always contact an attorney when seeking legal advice.
Most likely the reason that any weapon is kept in police possession is because they are not just returning the weapon after your legal issue had been resolved. They may not tell you that it is you that has to take the initiative to get the weapon returned. If you do not go through the process of getting your property back, Williamson County is not going to do it for you. Assuming that we are dealing with misdemeanor DWI, follow the advice above and you should be able to get your property returned to you.
No, request your attorney to ask for the gun to be returned or if you don't hire an attorney let the court know on the record when you plea that you are requesting the return of your gun. Do this on the record in court. The prosecutor can give you the appropriate paper work to get the gun back.
Michael J. Crawford is a Criminal and Family Law Attorney located in Corsicana, Texas. He practices throughout the State of Texas and focusing on the Dallas/Fort Worth Metroplex including: Navarro, Ellis, Dallas, Hill, Tarrant, Johnson, McClennan, Freestone, Henderson, and Kaufman Counties. Answering a Question on AVVO does not create an attorney client relationship. If you have a legal problem please contact an attorney directly and do not rely solely on information received through an answer to a question on AVVO. My contact information is firstname.lastname@example.org or (903) 875-8500.