Legal Question in Criminal Law in Maryland

In the state of maryland, can the police hold a vehicle not registered to the defendant in the case where narcotics were found in the vehicle, but the suspect was only charged with a cds posession? $20.00 worth of drugs for using purposes, not distribution. They say that the car is being held for futher investigation. Is this unlawful, do I have to wait until court to get my mothers car back and pay these high storage fees?


Asked on 4/08/11, 2:49 pm

2 Answers from Attorneys

Jason Cleckner Law Office of Jason Cleckner, LLC

The law does theoretically allow the State to hold the car and to attempt to seize it because of a connection to possession of illegal narcotics, not just distribution. You really fucked up by getting caught in your mom's car, hopefully you can repay her for her trouble. But if they end up releasing the car, if you pick it up the same day, there shouldn't be any storage fees. Stay in contact with the officers or the evidence lot.

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Answered on 4/09/11, 5:09 am
William Welch William L. Welch, III Attorney

The police may put a narcotics hold on the vehicle as evidence relevant to your charge, and they may seek forfeiture, if they prove that it was being used as part of a distribution operation. The state gets a chance to try to prove these things whether or not they are ultimately provable or proven.

Practically, a settlement is often reached between the state's forfeiture counsel and the owner, because it is cheaper and gets the car back sooner to settle than to spend the months and storage fees that would be incurred while the litigation is pending.

You should be careful speaking to anyone, because anything you say may be used against you. You may not get back a car that you do not own. While your mother probably did nothing wrong, because she had nothing to do with what got you charged, only she may retrieve her property.

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Answered on 4/09/11, 7:03 am


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