QUESTION
What happens if someone borrows my truck and gets pulled over with drugs in it?
Asked on Jul 06th, 2012 on Criminal Law - Michigan
More details to this question:
My 28 yr old son borrowed my truck and was parked at a gas station and a cop came over to his truck and asked him to step out and found 1300 in money coke and heroin in the vehicle! They took my truck in custody and I'm stilling paying on. It threw a finance company and owes 15,000 on it! What do I do about my truck? My name is on the registration and on finance papers!
24 ANSWERS
If you are an innocent owner, you can get the truck back.
Answered on Jun 26th, 2013 at 12:33 AM
While the police may have the ability to impound a vehicle, in order to keep the vehicle, the government must file a forfeiture proceeding. If the true owner of the vehicle did not have knowledge that the vehicle was being used to commit a felony drug charge, the vehicle will probably be returned. If the vehicle is financed and not valued more than what is owed, the government will usually return the vehicle.
Answered on Aug 20th, 2012 at 2:30 PM
Leonard A. Kaanta
Your truck was seized as a forfeiture, you need to find an attorney.
Answered on Aug 20th, 2012 at 2:29 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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The prosecutor/police have probably already figured out that the truck belongs to you. You should hire a lawyer to represent you concerning potential charges of conspiracy to distribute/traffic in drugs. Also, the lawyer can help you recover your truck and/or defend a case involving forfeiture of the truck by the state.
Answered on Aug 20th, 2012 at 2:29 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Merely contact the police department and tell them it is your truck and you had no knowledge of any drugs in the vehicle. If they do not give the vehicle back you must file a motion to restore property in court.
Answered on Aug 20th, 2012 at 2:29 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Contact the police about getting your truck back. If you are the registered owner you are the only person who can get it returned. If it is being held as evidence they may keep it and charge storage. You may have to take a lawyer with you. They may want you to answer questions about whether you knew what your son was doing.
Answered on Aug 20th, 2012 at 2:28 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I would be more worried about your son and how the money, coke and heroin came to be in your truck. The police can confiscate and truck and hold it as evidence 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 what happened. He/she would then be in a better position to analyze your case and advise you of your options. With regards to the finance company, even though your truck is in the custody of the police and you no longer have possession of it, you are still responsible for the payments.
Answered on Aug 20th, 2012 at 2:27 PM
Contact law enforcement about getting the truck out of impound.
Answered on Aug 20th, 2012 at 2:27 PM
Michael J. Breczinski
Get an attorney and have them ask for the truck to be relaesed to you.
Answered on Aug 20th, 2012 at 2:27 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You may not get the truck back until the criminal case is over. Unless they try to keep it under forfeiture laws. Then you'll have to hire a lawyer and fight it.
Answered on Aug 20th, 2012 at 2:27 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Hire counsel to file a Petition for Return of Property.
Answered on Aug 20th, 2012 at 2:26 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you were unaware that the vehicle was being used in the commission of a crime (sounds like your son not only had drugs, but was probably dealing), then the vehicle will probably be released back to you after the officers are done with it as it is potential evidence of a crime. Unfortunately, you could be stuck with the storage and tow costs. If you were aware of your sons activities, the n you may not get the vehicle back. It will go back to the finance company and you could end up being sued if the Finance Company cannot get for the vehicle what you have agreed to pay.
Answered on Aug 20th, 2012 at 2:25 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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If the vehicle has a lien on it, the state cannot forfeit the vehicle. Also the vehicle did not belong to your son, so you should contact the police agency and/or prosecutor regarding recovering your vehicle.
Answered on Aug 20th, 2012 at 2:25 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Both you and your son need a lawyer. Your son needs representation for the charges and you need representation to make sure your truck is not confiscated under the drug laws, which is not easy. Hire a good lawyer.
Answered on Aug 20th, 2012 at 2:25 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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They suffer the criminal consequences, and you risk being charged as an accomplice in criminal conspiracy, and risk losing the vehicle to seizure under asset forfeiture rules. If that happens, exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.
Answered on Aug 20th, 2012 at 2:24 PM
Not much you can do. They will keep your car for investigation for as long as the case remains open. It is a piece of evidence now.
Answered on Aug 20th, 2012 at 2:22 PM
Barbara A. Fontaine
You will have to show that you did not know about the drugs. If you know the police in your town, you could ask them about getting the truck back. Otherwise you probably need a lawyer for help.
Answered on Aug 20th, 2012 at 2:22 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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Truck is part of the evidence in the case so its not going anywhere.
Answered on Aug 20th, 2012 at 2:21 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Petiton the Court for Judicial Review. The police should have served your with process on their intent to seize the vehice.
Answered on Aug 20th, 2012 at 2:21 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Go get your truck.
Answered on Aug 20th, 2012 at 2:20 PM
Criminal Defense Attorney serving Anchorage, AK
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Buchholdt Law Offices
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He is likely to be charged with possession. Unless there is evidence that the drugs belong to you, you will not be liable.
Answered on Aug 20th, 2012 at 2:18 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Looks like your son is responsible to you in damages i.e., the loss of your car, as well as criminally liable for the charges. What you do is make your son pay for his mistake so much that he never does it again and everyone comes out a winner.
Answered on Aug 20th, 2012 at 2:18 PM
Family Law Attorney serving Layton, UT
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Michael S. Edwards Attorney at Law, PLLC
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You pay the money to get it out of impound, because that amount increases every day. If they charged your son with possession, I doubt they will try to charge you.
Answered on Aug 20th, 2012 at 2:18 PM
You pay for it. Have son get a job and reimburse you!
Answered on Aug 20th, 2012 at 2:17 PM