What are my rights if my vehicle was seized when my roommate took it, he has no license and got a DUI?
Asked on Feb 14th, 2016 on Criminal Law - Minnesota
More details to this question:
My vehicle was taken without my permission and the driver is being charged with DUI. I am not sure if it matters but I live in a mobile home park which is private property. He did not leave the park. Same thing happened 2 years ago but vehicle was on city streets last time and caused damage to others vehicles/property. None this time. I have talked to the police and they said I could get it back today for $3500. I have no way of coming up with that. They said they could get 4-5000 if they auction it, and I’m getting a deal. I’m not even positive he took it right where I parked it. Police said they saw him driving it. I have not made any statement. Now the guy is on the run, so hasn't been formally charged. I need my truck for work. I pull a trailer with it. I’m really struggling to pay my bills right now and lost out on 2 day work because of this already. I want to be sure to say the right things when I talk to them. Roommate was on parole, so going back to prison for sure, but who knows when court will be since he fled. I need it back ASAP and can’t afford an attorney. Please help. I tend to feel intimidated by cops, just need to know best way to proceed.
You have rights here. You are an innocent owner. You have the right to file a petition with the court where a judge would determine whether you are truly an innocent owner. If you are found to be an innocent owner, the vehicle should be returned to you at low or minimal cost. Another option is sending a document to the prosecutor called a petition for mitigation. I would recommend getting some help from a lawyer. You don't want to be talking directly with the cops yourself.
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