If no charges have been filed, can the police keep my car?

Question

The police have had my car for over a week and won't release it. No charges have been filed.

Michael Palumbo · Answer

Yes.

George Derieg · Answer

It depends on what type of charges you are looking at. Usually with a misdemeanor, the DA has a year to file charges. This means, theoretically, the police may keep your car for up to a year if you are facing a misdemeanor charge. In all likelihood, you should contact a lawyer in order to expedite the process.

Mark Smith · Answer

No they cannot keep your car. Call the detective bureau and inquire why you cannot receive your car.

Thomas Tomko · Answer

Thank you for your inquiry  The basis for keeping a vehicle could be - part of investigation of a crime and being held as evidence, possible forfeiture.  Your remedy is to file a Petition For Return of Vehicle.  

They will have to take a position one way or another.  Your Petition could be a claim and delivery, improper seizure, or claim of conversion, or other grounds.  You will need to retain an attorney to properly raise this before the Court.  I hope that this was helpful.

Michael J. Breczinski · Answer

Why did they have the car in the first place? What were the circumstances behind them seizing the vehicle? I would need to know these things in order to answer this question.

Francis Cowhig · Answer

It depends on why the police are holding your car.  If it is evidence in an ongoing investigation, they may be able to hold it indefinitely. 

I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case.  He/she would then be in a better position to analyze you case and advise you of your options.

Dennis Roberts · Answer

Sorry, but there is not enough info. Why do they have the car? Are you a suspect in a crime in  which the car was used?

Terry Nelson · Answer

If no charges are ever filed, they can't keep the vehicle unless they declare it an asset forfeited under the drug and contraband forfeiture laws. 

You could file with the police a written demand for return, and if not returned timely, you could file a motion in court for release.  

That will force the DA and police to justify retention, or give it back.

Jeff Yeh · Answer

Unlikely. Charges are usually not filed that quickly.

Timothy Byrne · Answer

They have had time to inspect the car. Hire an attorney to reclaim your vehicle.

Kevin Bessant · Answer

At this point the car is considered impounded. This means that the  police have a right to keep the vehicle pending a criminal  investigation. If no criminal charges are filed, you will have to  contact your local prosecutors office and request a forfeiture hearing  to get your vehicle back from police impound.

Konstantin Gurovich · Answer

They can keep it as long as they are investigating a crime however, I recommend you get an attorney to represent you if there may be more charges filed. An attorney can make sure to cure the situation and properly advice you of your rights. Each situation is different so your attorney would have to do some digging to see why your car is being impounded for investigation.

Mark R. Thiessen · Answer

Are they filing a forfeiture action against it?  They also have 2 years to file charges against you.  Hire a lawyer to get it back.

Philip Hache · Answer

Is the car with the police or impound?  What is the potential charge(s)? Are they claiming the car is evidence some how?

Bernal Ojeda · Answer

Call impound see if they will release it may take days before DA files a case.

Patricia Corrales · Answer

Although you may not have been formally charged with any criminal charges, your car, based on the limited information you provided, maybe evidence in a criminal case or may contain evidence of a crime. 

It would be best and I would strongly urge you to speak with a criminal defense attorney who can assist you with communicating with the police.  You may contact my office if you wish.

Jason Savela · Answer

A forfeiture attorney can help you file a motion to get it back.

Stephen Richards · Answer

Yes, they can move for forfeiture if it was involved in a crime, even if you have not been charged.

Nathaniel Shafer · Answer

Unfortunately, the police can keep your car while they continue to investigate. Sometimes it takes several weeks or even months for your car to be returned. In the meantime, I would not make any statements to the police without an attorney present.

Stephen Freeborn · Answer

You have given me absolutely no information to answer this question. Depending upon what the potential charges are and whether or not the vehicle might have some evidentiary value.  Was the vehicle seized/impounded pursuant to a court order?

Leonard A. Kaanta · Answer

Yes they can, the prosecutor is the one to file charges.

Dennis P. Mikko · Answer

It would depend on why they have your car.  Typically, once the investigation is complete and if no charges are filed, property is returned.

Herschel Bullen · Answer

It is not possible to respond to this question as there are insufficient facts upon which to formulate any opinion whatsoever.

Gary Russell · Answer

If the vehicle is part of an on-going criminal investigation and is evidence, then they can keep it.  If not, and it was impounded simply subsequent to an arrest, then you should be able to pay the impounding and storage fees and retrieve it.

Larry Dunn · Answer

There is no accurate answer to your question without knowing why your  vehicle is being held by the police who can hold a vehicle for  evidence or  forfeiture if the potential charges are drug related.

Michael Chastaine · Answer

It depends how they took the car. If it was obtained by search warrant then you may need a court order to get it released. 

If it was taken during a traffic stop and no charges are filed you should be able to get it back.   Depending on the type of Potential charges, one week is not that long.

Harley Gutin · Answer

If they file forfeiture paperwork they may proceed under forfeiture laws although no substantive charges have been filed.  Please seek counsel immediately.

Edward Blum · Answer

Were you arrested for driving on a suspended license? 

If so, the cops can impound it for 30 days. At the end of that time storage fees will be more than the value of the car. Most municipalities have an administrative process to get your car back.

Robert De Groot · Answer

Get to an attorney and file a replevin action, if you can.

Jaime Cowan · Answer

The police can hold a car for up to one year.

Steven Alpers · Answer

I don't know why they impounded the car. If you have multiple driving on suspended charges they can keep the car for 30 days or more. 

If you just have not paid registration, they will keep it impounded until you pay the registration and bring them a receipt from DMV. Each day in impound costs money.

Ernest Lee · Answer

Friend:                  It is difficult to answer your question with the limited information you have provided. J  That said, the answer is YES, at least for the time being. They may be considering the charges they may file and you vehicle may be evidence  in the equation. As for permanently impounding (taking)  your vehicle, before they can do this they would have to give you some reason based on some law for taking your vehicle. Otherwise it is an unconstitutional "Taking".

Austin Hirschhorn · Answer

You don't say why the police are refusing to return your car.  If they don't have a reason for keeping it and won't give it back to you consult with an attorney to bring a claim & delivery action against the police to get your car returned.  The police do have the right to detain property while an investigation is going on for a reasonable period of time.  You don't say what was going on with your car that caused the police to take possession of it.  You should probably talk to the officer in charge of the place where your car is being held to find out why it hasn't been returned and then decide what you need to do.

Stuart Nachbar · Answer

I believe that they have twenty days to file the charges if you the owner  are not in custody.

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If no charges have been filed, can the police keep my car?

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