A little background on why it was taken-
In Feb. of 2011 my girlfriend and I decided to celebrate the packer's Superbowl win. After far too many free shots and high fives at the bar, we decided to call it a night and go home. Neither of us remember getting home or much of what happened after that, but apparently we got into a heated argument and she called the police. She had locked herself in the bedroom, and told police that there was a firearm in the house. The police called my cell phone and told me to come outside, this quickly snapped me out of my blackout. I complied all of the officer's commands and everything was resolved peacefully. I was charged with Disorderly Conduct, my girlfriend gave consent to search the apartment and the firearm was taken into evidence. I can understand the reasoning behind taking it for a few days just in case the argument continued so I am not protesting the fact that the pistol was taken.
My court proceedings finished up about 2 weeks ago and the charge was lowered to basically a jaywalking ticket. I asked my attorney about the return of my property and he said "I don't think you'll be getting the firearm back" I asked him why... "you were heavily intoxicated with a loaded firearm in the house" now last time I checked that was not illegal.
Previous to this my record is basically clean except for a few traffic tickets. No disorderly conduct, and no domestic charges.
I have contacted the Madison PD 3 times in regards to returning my property since it was not used in the commission of any crime and the case is now closed. Each time I am told that I will be contacted by a Lt. the following business day. Still haven't heard anything.
I don't have the money to lawyer up again, should I just contact the state's AG directly or try something else. Any feedback would be greatly appreciated.
In Feb. of 2011 my girlfriend and I decided to celebrate the packer's Superbowl win. After far too many free shots and high fives at the bar, we decided to call it a night and go home. Neither of us remember getting home or much of what happened after that, but apparently we got into a heated argument and she called the police. She had locked herself in the bedroom, and told police that there was a firearm in the house. The police called my cell phone and told me to come outside, this quickly snapped me out of my blackout. I complied all of the officer's commands and everything was resolved peacefully. I was charged with Disorderly Conduct, my girlfriend gave consent to search the apartment and the firearm was taken into evidence. I can understand the reasoning behind taking it for a few days just in case the argument continued so I am not protesting the fact that the pistol was taken.
My court proceedings finished up about 2 weeks ago and the charge was lowered to basically a jaywalking ticket. I asked my attorney about the return of my property and he said "I don't think you'll be getting the firearm back" I asked him why... "you were heavily intoxicated with a loaded firearm in the house" now last time I checked that was not illegal.
Previous to this my record is basically clean except for a few traffic tickets. No disorderly conduct, and no domestic charges.
I have contacted the Madison PD 3 times in regards to returning my property since it was not used in the commission of any crime and the case is now closed. Each time I am told that I will be contacted by a Lt. the following business day. Still haven't heard anything.
I don't have the money to lawyer up again, should I just contact the state's AG directly or try something else. Any feedback would be greatly appreciated.