QUESTION

How do I get my car back that was seized in a drug arrest when had no knowledge that a crime was being committed?

Asked on Jan 09th, 2014 on Criminal Law - Michigan
More details to this question:
The police say they will never return my car that was seized in a drug arrest. I have not one time been notified in any way other than by my granddaughter that my new 2013 paid for car was seized in a drug arrest. She had let one of her step kids drive it that evening while she was working and he was to take it to have a dent pulled out of the bumper where she had backed into a poll. She had him drop her off for work and was headed 14 miles over to the next town where he was to have the work done. He was pulled over and arrested on a felony and c felony drug charges. All the drugs were located in his front pants pocket and he told them several times that it wasn't his car and that none were stored in the car. None where found other than what was on his person. My granddaughter, grandson, son and myself have all made numerous calls and visits to the lead detective. His words were: you will never get your car back. This is organized crime and you really don't think he ran a stop sign to get pulled over, now do you? He was set up and this is what we do. 8 months has gone since his arrest and he is pleading guilty in agreement. He has been incarcerated since his arrest and his real mother is dealing and hiring his attorney (who she is friends of). He has tried to ask and help get the car but his mother tells him that it is not hers or his problem and made sure that his attorney sees it that way also. So every time he inquires anything about the car he's told he'll look into it and then blown off. I'm 90 years old and didn't even know my granddaughter had let him drive it, let alone that he was in criminal action. How do I gt my car back? I don't understand how this or the steps they have taken of notification can be legal. Please help me.
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6 ANSWERS

John J. Carney
You should have retained a lawyer to get the car back a long time ago. The defendant's lawyer does not have to help you and you will need to run a hearing in forfeiture. Never give your car to anyone. You should win the hearing.
Answered on Jan 13th, 2014 at 11:59 PM

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Michael J. Breczinski
you should get a lawyer and sue to get the car back.? You should try to talk to the prosecutor first though. That person could order the police to release the car.
Answered on Jan 13th, 2014 at 11:58 PM

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Criminal Defense Attorney serving Indianapolis, IN
Partner at Joel Hand Law
3 Awards
There very likely could be a civil forfeiture action that has been filed by the State seeking permission for the police to be able to keep the car. As the owner of the vehicle, you would have a right to be represented in any civil forfeiture action and should immediately seek your own attorney.
Answered on Jan 13th, 2014 at 5:25 PM

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James Edward Smith
You have to sue the police dept. They don't give cars back under these circumstances unless a Judge orders it.
Answered on Jan 13th, 2014 at 5:11 PM

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It's called a civil forfeiture proceeding. Contact some local criminal defense attorneys for pricing and specifics. Most offer free consultations.
Answered on Jan 13th, 2014 at 5:08 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You are going to need a good attorney, apparently they are attempting to forfeit or confiscate your automobile. I would have to know a great deal more about the details before I could form an opinion.
Answered on Jan 13th, 2014 at 5:07 PM

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