Legal Question in Criminal Law in Florida

confiscated

My car is registered with my name and my son's name. My son was arrested-- charged with a felony. The car was confiscated at the time of arrest. Is this legal?


Asked on 5/05/06, 5:33 pm

2 Answers from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: confiscated

Yes, under Florida foreiture laws and property used in the commission of a felony can be seized by the Government. Strangely, the Florida Courts have found that a person driving a car who possesses cocaine is using the vehicle in furtherance of a felony and uphold the seizures.

However, because you owned the car and not your son, you may be able to fight the seizure based on an innocent owner defense.

If you are in the Central Florida area, please call me and I will be happy to assist you in this matter.

Regards,

Richard

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Answered on 5/08/06, 12:40 pm
Valerie Masters Valerie Masters, P.A.

Re: confiscated

Yes any property related to the felony can be forfeited.

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Answered on 5/05/06, 10:40 pm


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