my husband had marijuna it my vechicle and was pulled over. We are no longer together but he borrowed my car. My vechile has now been seized by police. What can I do to get it back.
2006-10-14 02:58:41 · 20 answers · asked by niquew22 1 in Politics & Government ➔ Law Enforcement & Police
If you two are still legally married, the vehicle is just as much his as it is yours. And, YES, they can seize the vehicle.
You will have an opportunity to appear in court during the seizure hearing.
Get an attorney. If you can not afford one, contact your local Legal Services (attorneys for people that have little or no money).
You need to decide what to do about your marriage. As long as you are married, anything you own is also owned by your husband.
2006-10-14 03:40:43 · answer #1 · answered by tnmack 3 · 0⤊ 0⤋
You didn't say how far the window was cracked open, or how hot it really was, but even if it was only in the 80's, being in a closed vehicle would increase the temperature measurably. I'm supposing the temperature was higher than that on a normal Texas day. Why people drive around with their pets with them is also beyond me. The only reason I can see to transport an animal is to the vet or to visit someone or such. Not just to go shopping or riding around. No animal should be left unattended in a car. In my opinion, that borders on animal cruelty. You did the right thing.
2016-05-22 01:16:29 · answer #2 · answered by Carissa 4 · 0⤊ 0⤋
Yes the car can be taken. In most states it becomes the property of the state but only after the case in adjudicated (the case has gone through the courts and a guilty verdict is reached.) Prior to that it can be held as evidence. The car can be considered as part of the fruits of the crime if the amount of the drugs are in sufficient quantity for sale.
2006-10-14 09:34:58 · answer #3 · answered by Ranger473 4 · 0⤊ 0⤋
Yes they can seize it. The driver of the vehicle assumes all responsibility for everything in the car. You have to work with the police to try and get it back-sometimes after the case is adjudicated. I would look into getting a lawyer.
2006-10-14 05:46:30 · answer #4 · answered by Lesleann 6 · 0⤊ 0⤋
Unfortunately, they can take it. It was used to transport drugs. But you can get it back. Talk to the police first and find out the procedure. I don't believe that they can take it permanently. There may be some towing and parking fees involved. Depending on the the value of the car, you may want to hire an attorney to protect your rights.
If your husband took the car without your permission, you could file a stolen vehicle report. If he took it with your permission, just let it be a lesson to you to never loan your car to anyone.
Good luck to you.
2006-10-14 03:09:12 · answer #5 · answered by Shelley 3 · 1⤊ 0⤋
These days the police have a lot of seizer powers. You may need a lawyer. That is one reason why these days you may only want to drive old used cars, they will be less likely to seize those. Especially those with stick shifts and am only radios.
2006-10-14 03:09:50 · answer #6 · answered by victorschool1 5 · 0⤊ 0⤋
Yes, but you can get it back. Unless it was considered a large enough amount for distrobution. In most states that is alot. Like 50 lbs. After they search the car completely and he is bailed out you should be able to release it from the impound yard for about $175
2006-10-14 03:07:50 · answer #7 · answered by M.B. 4 · 2⤊ 0⤋
Just call the police and see the procedures. If there was a small amount all you have to do is get it from the impound. If there was a large amount, they are going to search it but after that it is yours. They will not keep it....at least we dont in our state.
2006-10-14 10:32:40 · answer #8 · answered by The Guardian 1 · 0⤊ 0⤋
It may not be possible to get it back. The drug laws are very strict. If you gave him permission to use the car, and was aware he had it, even if you did not know he had drugs in it, it was being used for illegal purpose and can be seized.
You will have to hire an attorney and make court motions for its return, Good luck, they normally keep it.
2006-10-14 03:26:23 · answer #9 · answered by Anonymous · 1⤊ 0⤋
No,you probably can not get it back.
Get a good attorney and take it to court if the car is worth it.
Number one,you did state "how much dope was found,"secondly was he caught intrastate or interstate ?
2006-10-15 11:52:57 · answer #10 · answered by shaneh235 2 · 0⤊ 0⤋