QUESTION

Will I get my car back

Asked on Sep 12th, 2025 on Criminal Law - New York
More details to this question:
My friend was driving my car and he did a hit and run 1 week after the cops came on pick up the car saying it’s evidence, will I get my car back before the investigation is finished?
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1 ANSWER

Assault Attorney serving Islip, NY
3 Awards
Generally speaking when vehicles are used in the commission of a crime, the police tend to voucher/invoice/keep them for one of two reasons - 1) For arrest evidence or 2) For forfeiture.    When they keep the vehicle for arrest evidence, the District Attorney's Office puts a hold on the vehicle until they are able to investigate it - photograph it, ensure it was operable, etc. In this situation, people are often able to get their vehicles after submitting a demand for the return of property through the District Attorney's Office. With that being said, it can take some time waiting for the ADA to complete their investigation.    In the second scenario, the police attempt to forfeit the vehicle as the instrumentality of a crime. Basically what this means, is they attempt to keep the vehicle so they can they auction it off. This can often be fought and/or negotiated so the vehicle can be returned to you. In some circumstances (such as yours) there may be arguments that the driver is not the lawful owner of the vehicle. I hope this information is helpful. 
Answered on Oct 08th, 2025 at 5:03 AM

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