Police have the right to seize what they consider to be evidence if a crime has been committed. This means they can take clothing, money, personal items and even your car. Generally speaking, anything that can be linked to a crime can potentially be seized as evidence. The state can also take any property that they believe was involved in committing a crime under what are called “civil forfeiture” rules.

If your car has been seized in relation to a criminal charge or investigation, then you need to contact a criminal defense attorney right away. Read on to learn more about the police’s rights and yours. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

Situations under which police can seize a vehicle

The police commonly seize and tow cars that they suspect have been used during the commission of a crime. For example, if a person is charged with drug trafficking or drug possession, the police may tow the vehicle back to their headquarters in order to thoroughly search it for drug residue. In a case such as DUI, reckless driving, vehicular manslaughter, or other crimes that directly involve driving, the police may use the car as evidence.

In other cases, such as severe traffic crimes in which the driver is arrested, the police may tow the vehicle or drive it to their station to keep it. They may also inventory the car at this point and could add charges if they find drugs or other illegal items. That said, when a vehicle is possessed for safekeeping, it is generally returned quickly as it’s not generally needed for evidence.

Finally, the police may take a car under the rules of “civil forfeiture.” This involves the police filing a lawsuit against the vehicle itself in what is referred to as “in rem action.” This case will be held against the vehicle – not you – which can complicate the rules. However, a 2016 law made it so that you must be convicted of a crime before the government’s able to keep your property permanently.

How to get your car backed after having it seized by the police

The best way to get your car back after it’s been seized depends on why it was seized. If you were involved in a crime such as a DUI, then the police may hold on to it just until you pick it up. If it was used in the commission of a crime, but you weren’t involved in that crime, then it could be more complicated. They may want to keep it as evidence.

If you’re accused of a crime and the car was seized in conjunction with that crime, then you may not get it back at all. In other cases you may get it back but not only the trial is over. The bottom line is that many factors are involved but your criminal defense attorney can help you get your car back. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation and to understand your options.