QUESTION

Can they seize car if I'm innocent?

Asked on Nov 06th, 2012 on Litigation - Texas
More details to this question:
Trying to seize vehicle.
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14 ANSWERS

Ronald A. Steinberg
Yes, but if they do not have the proper writs or court orders, they could be liable. Get a criminal lawyer.
Answered on Jan 09th, 2013 at 12:35 PM

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Michael J. Breczinski
Why? You have not given anywhere enough facts for me to even understand the question.
Answered on Nov 09th, 2012 at 4:58 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 07th, 2012 at 8:44 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Innocent of what? Cars can be seized in drug cases. cars can be seized by IRS. Cars can be seized by sheriff to collect a judgment. What do you have?
Answered on Nov 07th, 2012 at 8:43 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Who is trying to seize your car? The police? Repo? Innocent of what? Have you been charged with anything or convicted of a crime? Much more information is needed before an adequate answer can be given.
Answered on Nov 07th, 2012 at 8:43 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Yes they can and there is a big rigamarole in getting it back.
Answered on Nov 07th, 2012 at 8:42 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Innocent of what?
Answered on Nov 07th, 2012 at 8:42 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Who are "they"? In what context is the seizure? Are they giving some reason for the seizure? I assume the police are trying to seize your car. There are various laws that allow police to seize a car. One of the most common is if they have probable cause to believe the car was purchased with the proceeds of drug sales, or that it was used to facilitate drug sales. Whatever the basis of the seizure is, yes they can seize it even if you are innocent, just as they can arrest you even if you are innocent, so long as they have probable cause. This is what trials are for, is to determine if they can prove that you are guilty after they charge you criminally, or seize your car.
Answered on Nov 07th, 2012 at 8:42 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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The cars of innocent people do get seized. You have go fight the forfeiture case.
Answered on Nov 07th, 2012 at 7:16 PM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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Sorry, but your question has too little information to be able to answer.
Answered on Nov 06th, 2012 at 11:28 PM

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Of course they can. Innocence is a relative term. You might think you're innocent, they sure don't!
Answered on Nov 06th, 2012 at 11:25 PM

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John J. Carney
If you are arrested and the government seizes your car you are entitled to a hearing to get it back. You will lose the hearing if they prove that the car is yours and it was being used to commit a crime such as selling drugs, but if another person owns the car or the bank owns most of the car they may not be able to keep it.
Answered on Nov 06th, 2012 at 11:20 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Need to know the circumstances, some of the seizure laws are draconian. Hire an attorney. The standard of proof for criminal conviction and seizure or forfeiture are different.
Answered on Nov 06th, 2012 at 10:49 PM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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More information is needed. They can take the car and hold it, and then they will have to pursue a legal judgment against it if you do not agree. Talk to your criminal lawyer about the case.
Answered on Nov 06th, 2012 at 10:31 PM

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