Legal Question in Civil Rights Law in Colorado

Public Nuisance class1

My car was taken under the public nusiance law. I need an idea of what to say in response to complaint. What other steps do I need to take in getting my car back.


Asked on 1/10/07, 5:46 am

1 Answer from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: Public Nuisance class1

It's difficult to say without seeing a copy of the complaint. Assuming you can establish your standing as a true owner of the forfeited car, you can petition the court to determine whether the taking was constitutionally excessive under the excessive fines clause of the eighth amendment of the United States constitution, or of article II, section 20, of the Colorado constitution.

It'll be up to you to establish that, more likely than not, the forfeiture of your car was grossly disproportional to whatever criminal activity led to the taking.

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Answered on 1/10/07, 12:45 pm


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