Found an issue on this page? Let us know and we will look into it as soon as possible.
If the police impounds your car because a passenger had drugs in his pocket and admits to it...Can they take my car?
Anonymous9 views7 answers
Why do I have to wait 90 days? I still owe on the car...I still have to pay the bank. How can they take the car and I haven't gone to trial and been found guilty. Can a lawyer get my car back.
If you were charged criminally, they mig bendable to take your car. If only your friend was charged, they cannot. A lawyer may be able to help. It is certainly worth inquiring.
If you have no connection to the drugs, you would normally get your car back quickly. If not, its negotiation which only an attorney can do for you. This may be one of the inequities in life if you had nothing to do with the drugs and you are forced to hire an attorney to get it back. Your friend needs to be responsible for the cost.
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
If you were not charged, and the car is not some key piece of evidence in the prosecutor's case against your friend, a lawyer should be able to get it back by filing a motion for return of property. If you were charged, or there is some reason they need the car as evidence, this is less likely to be effective.
If the person arrested has exculpated you - meaning they said you had nothing to do with the case - then you should be able to get your car back sooner than later. The civil forfeiture process would seem to not apply in such a situation.
You should hire an attorney to look into the matter and contact the police department/prosecutor's office to determine what is going on here.
We won a case on exactly the same issue in Camden County NJ, when the vehicle was impounded and turned over to the bank that in turn sold the car at an auction
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
Because with forfeiture your car is on trial not you. More information is needed but it seems you should win. They have 90 days to file but you can do things before that.
The police cannot just hold your car for 90 days without a legal basis for doing so. From the brief facts you gave in your question, they may not be able to. BUT there are other questions, such as: did the police have some other basis for seizing the car (lack or insurance is a common one)? Did they have a search warrant for your car or was this just a roadside stop? These are some of the questions a lawyer would want to discuss with you. A lawyer may be able to help you negotiate the return of the car, or litigate the return if negotiation fails.
