I had bought a car for my daughter and was letting a friend do some minor work on it and he let someone drive it and they got pulled over by police and they found drugs in her possession..what do i need to do to get my car back?
2006-12-19 09:47:51 · 11 answers · asked by zonegirl3964 1 in Politics & Government ➔ Law Enforcement & Police
Pay all the fees from the impound lot. Your car will be torn up inside and the police do NOT have to repair it! But the car will not be released until the investigation is closed!
O! and find a new car mechanic!!
2006-12-19 09:58:02 · answer #1 · answered by Mee-OW =^..^= 7 · 0⤊ 0⤋
I know someone who recently went through the same thing. The short answer is that you can't.
First of all, the criminal law is applied against the car and the car has no presumption of innocence. Now, you may ask why anyone would think that a car could commit a crime all by itself -- but that is how the courts have ruled. Therefore, you generally have to prove that the car was never involved in a crime.
But let's say you could do that. You still won't win. What you are likely to find is a merry-go-round. You will have to call one number after another to find the right person to talk to, and then they won't return your call. Remember, if you give up at any time during this process then the cops win because they get the value of the car. Therefore, it is in their best interest to make the process as slow and difficult as possible.
You could get a lawyer to help you. What you will quickly discover is that the lawyer has the same problems you had -- and that the lawyer bills quickly exceed the value of the car.
In short, the system is set up to operate in favor of the police and to screw the innocent. About eighty percent of the asset forfeitures come from people who don't have any criminal charges against them -- people just like you.
A while back there was a guy who lost a multi-million dollar private jet because of a similar situation. The lawyer bills cost him almost as much as the value of the plane before he got it back.
I should also mention the guy who had his fishing boat seized because the cops found a tiny amount of marijuana on board -- a couple of seeds and a stem. They had a boatload of fish they had caught and, by the time he got the boat back months later -- after huge lawyer expenses -- the fish had rotted in the hold and the boat had to be scrapped. BTW, everyone involved in the case agreed that the guy who owned the boat was entirely innocent and had strict rules against things like drugs on board. Innocence doesn't help you.
You are screwed. The system is set up so that the odds are at least 10 to 1 against you winning -- and at least 100 to 1 that you will spend more money trying than the thing is worth.
Now, if you were wondering why we have a drug war -- it is because some police departments are dependent upon such seizures for items of basic budget. In other words, if you get your car back it comes out of the budget of the police department. You don't have a prayer. Give it up and move on. That will be the cheapest and least frustrating option.
But you might want to remember what they did to you the next time the subject of the drug war comes up.
2006-12-23 08:31:43 · answer #2 · answered by Cliff Schaffer 4 · 0⤊ 0⤋
My God do you get bad advice here sometimes.
Here goes from a 32 year cop vet.
1. Unless the police can prove that the car was used in the transport of the drugs to sell and or used to deliver or further the sale of the drugs the chance of it being seized and kept is next to nothing.
2. If the car was seized as evidence you will have to wait until the disposes of the case which could be a long time.
3. No matter what the reason you are going to have to request the car be returned. Go to court. This differs from State to State but in my State you can petition the court for the return and make sure you mention how you need it for work, to transport your sick aunt, to bring meals to the homeless, etc.
You really deserve a longer more detailed response. Need more? Email me. Remember attitude is a choice.
2006-12-19 10:52:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
as long as they have possibly reason they might seek something and opposite to often happening thought they might require you to open locked products or charge you with impeding an examine. as far through fact the cocaine or any drug if the passenger fesses as much because it being theirs then regularly the motive force is left on my own. If the passenger does not take responsability then no longer in basic terms can the motive force be charged however the motor vehicle impounded and probable seized. fairly some this relies upon on the state you're in in spite of the shown fact that it quite is tremendously clean shrink. wish this facilitates!
2016-10-15 06:32:20 · answer #4 · answered by farraj 4 · 0⤊ 0⤋
I'm sorry to tell you, but this is one of the most dificult situations in our legal system.
The hysteria over drugs has allowed law enforcement and the courts to run roughshod over people and pretty much force you to prove your INNOCENCE, as opposed to them proving your guilt.
There's a little thing called "asset forfeiture" which allows cops making a drug arrest, and ONLY a drug arrest, to seize property like a car that was used in the drug crime. They either keep it and add it to their fleet of undercover vehicles, or sell it and keep the cash. This is why cops are so much more interested in catching pot smokers than murderers and rapists: THEY MAKE MONEY FROM IT!
I hope this situation will make you join the millions of Americans fighting to change the drug laws.
2006-12-19 09:56:23 · answer #5 · answered by bettysdad 5 · 0⤊ 1⤋
In most states the civl forfiture law takes affect. Of corse there are many diffrent varibles. If you want the car back you have to file a claim on the car, with the arresting juisdiction.
2006-12-19 11:21:03 · answer #6 · answered by Fideland46 2 · 0⤊ 0⤋
people that use drugs don't have money and taking a free hit on their crack pipe won't bring your car back either , hopefully you are clean and you can just go down there and tell the truth to get your car back ,but i think you will pay a little under a grand to get it back
2006-12-19 10:53:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Bribe Law Enforcement with More Drugs and Paraphernalia?
2006-12-19 09:55:24 · answer #8 · answered by ••Mott•• 6 · 0⤊ 1⤋
call the police station, and explain the situation. pay the fine, and pay the impound lot fees and you'll have to show the title.
good luck!! be more careful of who you lend your things to!
2006-12-19 09:55:39 · answer #9 · answered by Silver Thunderbird 6 · 0⤊ 0⤋
Get a lawyer
2006-12-19 09:50:24 · answer #10 · answered by goodtimesgladly 5 · 1⤊ 1⤋