Legal Question in Criminal Law in Minnesota

''car siezed''

my boyfriend was pulled over for a headlight. He was driving my car and I was not with him. There was a warrent for his arrest for a minor comsumption and the car was then searched. They found 1/2 pound of marijuana and then siezed my car. Since I was not with and had nothing to do with the situation and had no knowledge of what was going on, why am I not allowed to pay the towing and holding fees and get my car back?


Asked on 5/09/04, 8:13 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: ''car siezed''

You have not provided enough information to answer the question. You should call a criminal defense lawyer about it. You are welcome to call and make an appointment to meet with me for a free office consultation.

It is possible that the police will release the car to you after they complete gathering evidence form the car. If police intend to try to seize and forfeit the car from you, they would have to give you written notice of intent to forfeit the car.

In the past, I have called police and prosecuting attorney's to inquire about getting cars back in similar situations. Under the circumstances, you would be wise to get help from a lawyer.

Read more
Answered on 5/10/04, 4:56 pm
Charles Ramsay Ramsay & DeVore, P.A.

Re: ''car siezed''

It depends whether the vehicle forfeiture is a state or federal matter. My guess is that because of the relatively low amount of contraband, it is a state forfeiture. Althought the statute doesn't provide for an "innocent owner" defense, there is support of this from the Minnesota Supreme Court. The bottom line is, there is no clear cut answer. Sorry. I need more information. Please call me. 800.840.4759.

Read more
Answered on 5/10/04, 8:41 am


Related Questions & Answers

More Criminal Law questions and answers in Minnesota