Legal Question in Criminal Law in Texas
I was arrested and charged with POSS CS PG 1<1G ON 4-08-2009 and sentenced on 3-10-2011 to 2yrs deferred probation with a 12.44A motion. Then on 04-17-2011 i was pulled over for a hdlt out (which is questionable)and had a traffic tckt warrant. after being cuffed for warrant police find a pill in my cig. pack,(friend had put it in cigs. i did not know about him doing this) so they felt probable cause to search my trk.,and found .3g of meth.They then decided to seize my trk. So at 2:30am my wife was stranded and my trk and I go to jail. my question is, does anybody think I can get my trk back? I am the only income for my 3 kids and wife, that is my only vehicle,and means of working(self-employed handyman)Have hired a lawyer just wanting to get a second opinion.DA offered to re-instate probation but forfeit my trk,or 1yr jail time and i guess try fighting for my trk
1 Answer from Attorneys
You need to talk with your lawyer. It sounds like the State could win a forfeiture trial if you pushed it to that, but I'm sure there are more facts and information about the situation.
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