Legal Question in Criminal Law in Massachusetts

Failure to returnseized property

Here we go.. my son's car was taken in a warrant search..it was towed to a tow yard as instructed by the police. My son was never charged for anything, and therefore, the car should have been returned. However, the police refused. The car has been sitting at the tow yard since October, 2006. In Aug, 2007, a judge ordered the car returned to my son, however, the tow yard refused because they now want over $10,000 in storage and tow charges. A motion was filed to have a judge hear the issue and was denied..what other alternatives to we have for getting the property back from the tow yard. Funny thing.. my son had purchased the car originally from this tow yard for the amount of $1,500 and now they want to charge over $10,000 to release the car that should never have been taken in the first place because the warrant had nothing to do with my son.. What can we do to get the vehicle back with out paying storage and tow fees...help


Asked on 1/25/08, 3:34 am

1 Answer from Attorneys

Re: Failure to returnseized property

You have a few options: 1. sue the tow yard and police department; 2. take out a criminal complaint against the Tow Yard owner for larceny of an automobile; 3. motion to have the District Attorney held in contempt for failure to obey a court order; 4. Contact the Board of Bar Overseers and file a complaint against the prosecutors involved... requested that their law licenses be suspended until they comply with an order of the court.

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Answered on 1/25/08, 8:19 am


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