Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Peter David Brown
Q: Can the law legally hold my truck and impound when it wasn't part of my charges or fines for being arrested

What I was trying to say and not so many words is I got charged with the drugs but there's no charge or fines or tickets if anything to do with the truck how can they hold it

Peter David Brown
Peter David Brown answered on Sep 2, 2021

IF the arresting agency alleges that the vehicle was used in the futherance of the "criminal enterprise" they can seize it.

(for example: you were stopped with the drugs in the vehicle)

1 Answer | Asked in Criminal Law and Domestic Violence for South Carolina on
Q: So I missed my court date for Criminal domestic violence 3rd degree? Is it possible I was tried in my absence?

Is it possible I was found not guilty or nolle prosse. There is an update online that says application for destruction of arrest records

Peter David Brown
Peter David Brown answered on Sep 2, 2021

Yes, you can be convicted in your absence.

The prosecution only needs to present the victim to the court.

If the victim testifies to the elements necessary to convict you of the offense, you could be convicted.

You would then have only a very limited time to appeal that conviction.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.