If you are charged with an act of domestic violence, any weapons you have will probably be seized.  What you will be surprised to find out is what the Prosecutor’s Office considers a weapon.  It may be your car, a laptop, cell phone or your favorite Ipod.  You may also be surprised to find out that you may never get these items back even if you are exonherated of the charges.

In essence, there are three ways in which weapons can be returned. First, if the domestic violence complaint is dismissed and no probable cause exists to indict the aggressor. Second, the person who subjects the victim to domestic violence had any charges pending against him/her dismissed. The last remaining option is whether, even if the charges against the defendant were dismissed, and the domestic violence complaint was dismissed and no probable cause existed to indict the defendant, the court, after holding a hearing, determines there still existed some underlying reason to seize the weapons to protect the victim of the domestic violence, i.e. a violent situation no longer existed.  If you are found not guilty or the charges are dismissed than the Prosecutor can ask for a hearing and argue that you are unfit to get your property/weapon back.

Call for a free consultation!  (609) 259-7600

37 Robbinsville-Allentown Road, Robbinsville, NJ  08691
Tel. (609) 259-7600  Fax (609) 259-7303
heyburn@heyburnlaw.com

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